Smith v. Apker

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS. 16 Report and Recommendations: Petitioner's §2241 habeas petition is dismissed. The Clerk of the Court shall enter judgment and close the file in this matter. Signed by Senior Judge Frank R Zapata on 6/29/2012. (ALS)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 Raymond Smith, 4 5 Petitioner, vs. 6 Craig Apker, 7 Respondent. 8 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-577-TUC-FRZ (BPV) ORDER 9 10 Pending before the Court is a Report and Recommendation issued by United States 11 Magistrate Judge Velasco that recommends denying Petitioner’s habeas petition filed 12 pursuant to 28 U.S.C. §2241. A review of the record reflects that the parties have not filed 13 any objections to the Report and Recommendation and the time to file objections has expired. 14 As such, the Court will not consider any objections or new evidence. 15 The Court has reviewed the record and concludes that Magistrate Judge Velasco’s 16 recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 17 Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 18 F. Supp. 2d 1203, 1204 (D. Or. 1998). 19 Accordingly, IT IS HEREBY ORDERED as follows: 20 (1) Magistrate Judge Velasco’s Report and Recommendation (Doc. 16) is accepted and 21 adopted. 22 (2) Petitioner’s §2241 habeas petition is dismissed. 23 (3) The Clerk of the Court shall enter judgment and close the file in this matter. 24 25 26 27 28 DATED this 29th day of June, 2012.

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