Gurule v. Apker

Filing 21

ORDER as follows: Magistrate Judge Markovich's Report and Recommendation ( 20 ) is accepted and adopted. Petitioner's §2241 Petition ( 1 ) is denied. This case is dismissed with prejudice. The Clerk of the Court shall enter judgment and close the file in this case. Signed by Judge James A Soto on 9/1/2016. (SIB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Anthony Gurule,
Petitioner,

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vs.

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Craig Apker,
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Respondent.
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No. CV 13-720-TUC-JAS (EJM)
ORDER

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

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Magistrate Judge Markovich that recommends denying Petitioner’s §2241 Petition. A review

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of the record reflects that the parties have not filed any objections to the Report and

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Recommendation and the time to file objections has expired. As such, the Court will not

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consider any objections or new evidence.

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The Court has reviewed the record and concludes that Magistrate Judge Markovich’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 Markovich’s Report and Recommendation (Doc. 20) is accepted and

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adopted.

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(2) Petitioner’s §2241 Petition (Doc. 1) is denied.

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(3) This case is dismissed with prejudice. The Clerk of the Court shall enter judgment and

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close the file in this case.

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DATED this 1st day of September, 2016.

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