Belcher v. Unknown Party

Filing 23

ORDER adopting Report and Recommendations 22 . The Magistrate Judge Estrada's Report and Recommendation is accepted and adopted and the Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED. This case is dismissed with prejudice. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Jennifer G Zipps on 11/20/12. (See attached PDF for complete information.) (KAH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV-12-54-TUC-JGZ

Larry Belcher,
Petitioner,

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v.

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ORDER

Craig Apker,
Respondent.

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Pending before the Court is a Report and Recommendation issued by United

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States Magistrate Judge Hector C. Estrada that recommends denying Petitioner’s Petition

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for Writ of Habeas Corpus. (Doc. 22.)

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A review of the record reflects that the parties have not filed any objections to the

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Report and Recommendation and the time to file objections has expired. As such, the

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Court will not consider any objections or new evidence.

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The Court has reviewed the record and concludes that Magistrate Judge Estrada’s

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recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.

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72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir.1999); see also Conley v.

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Crabtree, 14 F.Supp.2d 1203, 1204 (D. Or. 1998).

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Accordingly, IT IS HEREBY ORDERED as follows:
1. Magistrate Judge Estrada’s Report and Recommendation (Doc. 22) is accepted
and adopted;

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2. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED;

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3. This case is dismissed with prejudice;

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4. The Clerk of the Court shall enter judgment accordingly.

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Dated this 20th day of November, 2012.

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