Gasaway v. Unknown Party

Filing 28

ORDER adopting Report and Recommendations 27 . Petitioner Gasaway's petition is denied. IT IS FURTHER ORDERED that the Clerk of Court is directed to close the case. Signed by Chief Judge Raner C Collins on 7/29/2016.(SIB)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Edmond Gasaway, Petitioner, 10 11 ORDER v. 12 No. CV-13-00378-TUC-RCC Louis W Winn, 13 Defendant. 14 15 Pending before the Court is a Report and Recommendation (“R & R”) prepared by 16 Magistrate Judge Charles R. Pyle. Doc. 27. Magistrate Judge Pyle recommends that the 17 Court denies Petitioner Edmond Gasaway’s petition for a writ of habeas corpus pursuant 18 to 28 U.S.C. § 2241. No objections have been filed. For the foregoing reasons, the Court 19 shall adopt the R & R. 20 The duties of the district court, when reviewing a R & R of a Magistrate Judge, are 21 set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). 22 The district court may “accept, reject, or modify, in whole or in part, the findings or 23 recommendations made by the magistrate judge.” Fed.R.Civ.P. 72(b), 28 U.S.C. § 24 636(b)(1). In the absence of a timely objection, the Court “need only satisfy itself that 25 there is no clear error on the face of the record in order to accept the recommendation.” 26 Fed.R.Civ.P. 72(b), Advisory Committee Notes (1983); see also United States v. Reyna– 27 Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 28 The factual background in this case is thoroughly detailed in Magistrate Judge 1 Pyle’s R & R. This Court fully incorporates by reference the Background and Discussion 2 sections of the R & R into this Order. 3 4 After reviewing the R & R, the Court finds no clear error and fully adopts Magistrate Judge Pyle’s R & R. 5 Accordingly, 6 IT IS HEREBY ORDERED that Magistrate Judge Pyle’s Report and 7 Recommendation is adopted. Petitioner Gasaway’s petition is denied. Doc. 27. 8 9 10 IT IS FURTHER ORDERED that the Clerk of Court is directed to close the case. Dated this 29th day of July, 2016. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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