Gasaway v. Winn
Filing
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ORDER: IT IS HEREBY ORDERED that Magistrate Judge Pyle's Report and Recommendation is adopted. Petitioner Gasaway's petition is denied. Doc. 22. Signed by Chief Judge Raner C Collins on 7/28/2016. (See attached PDF for complete information)(DLC)
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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-13-00906-TUC-RCC
Louis W Winn, Jr.,
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Respondent.
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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. 22. 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. Gasaway has filed an objection and Respondent has submitted a
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reply. For the foregoing reasons, the Court 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). When the parties object to a R & R, “[a] judge of the [district] court shall
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make a de novo determination of those portions of the [R & R] to which objection is
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made.” 28 U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 140 (1985). However, in the
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absence of a timely objection, the Court “need only satisfy itself that there is no clear
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error on the face of the record in order to accept the recommendation.” Fed.R.Civ.P.
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72(b), Advisory Committee Notes (1983); see also United States v. Reyna–Tapia, 328
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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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In his objection to the R & R, Gasaway simply states that “[b]ased on the facts of
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the corrupted officers (sic) conduct and the report filed with the IAO, Petitioner’s writ of
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habeas corpus should be granted.” Because Gasaway raises no actual objections to the R
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& R and this Court finds no clear error, this Court shall adopt the R & R.
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Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Pyle’s Report and
Recommendation is adopted. Petitioner Gasaway’s petition is denied. Doc. 22.
Dated this 28th day of July, 2016.
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