Gray v. United States of America

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Macdonald's Amended Report and Recommendation (Doc. 29 ) is accepted and adopted. J.T. Shartle, Warden, shall be substituted as Respondent. Petitioner's Second Amended Petition U nder 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a person in Federal Custody (Doc. 8 ) is DENIED. Respondent's Motion to Dismiss (Doc. 17 ) is DENIED. The Clerk shall close the file in this case. Signed by Judge James A Soto on 9/8/2016. (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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Barry Addison Gray,

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No. 4:13-CV-1057-TUC-JAS (CRP)

Petitioner,

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vs.

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Louis W. Winn, Jr., et al.,

ORDER

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Respondents.

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

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States Magistrate Judge Bruce G. Macdonald that recommends substituting the

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appropriate Warden as Respondent, denying Petitioner’s Second Amended Petition, and

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denying Respondent’s Motion to Dismiss. A review of the record reflects that the parties

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have not filed any objections to the Report and Recommendation and the time to file

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

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evidence.

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The Court has reviewed the record and concludes that Magistrate Judge

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Macdonald’s recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1);

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Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999);

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Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998).

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1)

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Magistrate Judge Macdonald’s Amended Report and Recommendation

(Doc. 29) is accepted and adopted.

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(2)

J.T. Shartle, Warden, shall be substituted as Respondent pursuant to Rule

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25(d) of the Federal Rules of Civil Procedure and Rule 43(c)(2) of the Federal Rules of

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Appellate Procedure.

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(3)

Petitioner’s Second Amended Petition Under 28 U.S.C. § 2241 for a Writ

of Habeas Corpus by a person in Federal Custody (Doc. 8) is DENIED.

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(4)

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The Clerk shall close the file in this case.

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Dated this 8th day of September, 2016.

Respondent’s Motion to Dismiss (Doc. 17) is DENIED.

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Honorable James A. Soto
United States District Judge

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