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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Edmond Gasaway,
Petitioner,

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ORDER

v.

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No. CV-13-00378-TUC-RCC

Louis W Winn,

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Defendant.

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Pending before the Court is a Report and Recommendation (“R & R”) prepared by

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Magistrate Judge Charles R. Pyle. Doc. 27. Magistrate Judge Pyle recommends that the

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Court denies Petitioner Edmond Gasaway’s petition for a writ of habeas corpus pursuant

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to 28 U.S.C. § 2241. No objections have been filed. For the foregoing reasons, the Court

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shall adopt the R & R.

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The duties of the district court, when reviewing a R & R of a Magistrate Judge, are

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set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1).

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The district court may “accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” Fed.R.Civ.P. 72(b), 28 U.S.C. §

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636(b)(1). In the absence of a timely objection, the Court “need only satisfy itself that

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there is no clear error on the face of the record in order to accept the recommendation.”

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Fed.R.Civ.P. 72(b), Advisory Committee Notes (1983); see also United States v. Reyna–

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Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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The factual background in this case is thoroughly detailed in Magistrate Judge

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Pyle’s R & R. This Court fully incorporates by reference the Background and Discussion

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sections of the R & R into this Order.

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After reviewing the R & R, the Court finds no clear error and fully adopts
Magistrate Judge Pyle’s R & R.

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Accordingly,

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IT IS HEREBY ORDERED that Magistrate Judge Pyle’s Report and

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Recommendation is adopted. Petitioner Gasaway’s petition is denied. Doc. 27.

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IT IS FURTHER ORDERED that the Clerk of Court is directed to close the
case.
Dated this 29th day of July, 2016.

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