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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 James Johnson, Petitioner, 10 11 vs. 12 Rene G. Garcia, Warden, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 12-403-TUC-JGZ (DTF) ORDER 15 16 Pending before the Court is a Report and Recommendation issued by United States 17 Magistrate Judge D. Thomas Ferraro that recommends dismissing the Petition for Writ of 18 Habeas Corpus (Doc. 1) on the merits. (Doc. 13.) 19 A review of the record reflects that the parties have not filed any objections to the 20 Report and Recommendation and the time to file objections has expired. As such, the Court 21 will not consider any objections or new evidence. 22 The Court has reviewed the record and concludes that Magistrate Judge Ferraro’s 23 recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 24 Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 25 F. Supp. 2d 1203, 1204 (D. Or. 1998). 26 Accordingly, IT IS HEREBY ORDERED as follows: 27 (1) 28 Magistrate Judge Ferraro’s Report and Recommendation (Doc. 13) is ACCEPTED and ADOPTED. 1 2 (2) Petitioner’s §2241 habeas petition (Doc. 1) is denied and this case is dismissed with prejudice. 3 (3) A Certificate of Appealability is denied and shall not issue. 4 (4) The Clerk of the Court shall enter judgment accordingly and close its file in this 5 6 matter. DATED this 19th day of December, 2012. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?