Williams v. Apker

Filing 14

ORDER accepting and adopting 13 Report and Recommendations. Petitioner's §2241 Habeas 1 Petition is dismissed with prejudice. The Clerk of the Court shall enter judgment and close the file in this matter. (see attached pdf for complete information) Signed by Senior Judge Frank R Zapata on 9/4/2012. (GCP)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Kendal Ray Williams, 9 Petitioner, 10 vs. 11 Craig Apker, 12 Respondent. 13 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-755-TUC-FRZ (BPV) ORDER 14 15 Pending before the Court is a Report and Recommendation issued by United States 16 Magistrate Judge Velasco that recommends denying Petitioner’s habeas petition filed 17 pursuant to 28 U.S.C. §2241. A review of the record reflects that the parties have not filed 18 any objections to the Report and Recommendation and the time to file objections has expired. 19 As such, the Court will not consider any objections or new evidence. 20 The Court has reviewed the record and concludes that Magistrate Judge Velasco’s 21 recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 22 Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 23 F. Supp. 2d 1203, 1204 (D. Or. 1998). 24 Accordingly, IT IS HEREBY ORDERED as follows: 25 (1) Magistrate Judge Velasco’s Report and Recommendation (Doc. 13) is accepted and 26 adopted. 27 (2) Petitioner’s §2241 habeas petition is dismissed with prejudice. 28 1 2 (3) The Clerk of the Court shall enter judgment and close the file in this matter. DATED this 4th day of September, 2012. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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