Johnson v. McClintock

Filing 14

ORDER accepting and adopting 13 Report and Recommendations. Petitioner's §2241 habeas petition (Doc. 1) is denied and this case is dismissed with prejudice. A Certificate of Appealability is denied and shall not issue. The Clerk of the Court shall enter judgment accordingly and close its file in this matter. Signed by Judge Jennifer G Zipps on 12/19/2012.(MFR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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James Johnson,
Petitioner,

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vs.

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Rene G. Garcia, Warden,
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Respondent.
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No. CV 12-403-TUC-JGZ (DTF)
ORDER

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

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Magistrate Judge D. Thomas Ferraro that recommends dismissing the Petition for Writ of

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Habeas Corpus (Doc. 1) on the merits. (Doc. 13.)

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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 Court

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will not consider any objections or new evidence.

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

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recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72;

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Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14

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

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1)

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Magistrate Judge Ferraro’s Report and Recommendation (Doc. 13) is

ACCEPTED and ADOPTED.

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(2) Petitioner’s §2241 habeas petition (Doc. 1) is denied and this case is dismissed
with prejudice.

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(3) A Certificate of Appealability is denied and shall not issue.

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(4) The Clerk of the Court shall enter judgment accordingly and close its file in this

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matter.
DATED this 19th day of December, 2012.

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