Rogers v. Winn

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION re 10 Report and Recommendation. Petitioner's 2241 habeas petition is dismissed with prejudice. The Clerk of Court shall enter judgment and close the file in this matter. Signed by Senior Judge Frank R Zapata on 6/9/2014. (BAR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ervin Rogers,

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Petitioner,
vs.

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Louis W. Winn, Jr.,
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Respondent.
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No. CV 12-871-TUC-FRZ (LAB)
ORDER

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

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Magistrate Judge Bowman that recommends denying Petitioner’s habeas petition filed

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pursuant to 28 U.S.C. §2241. A review of the record reflects that the parties have not filed

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any objections to the Report and Recommendation and the time to file objections has expired.

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As such, the Court will not consider any objections or new evidence.

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The Court has reviewed the record and concludes that Magistrate Judge Bowman’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) Magistrate Judge Bowman’s Report and Recommendation (Doc. 10) is accepted and

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adopted.

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(2) Petitioner’s §2241 habeas petition is dismissed with prejudice.

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(3) The Clerk of the Court shall enter judgment and close the file in this matter.

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DATED this 9th day of June, 2014.