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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Barry Addison Gray, 10 No. 4:13-CV-1057-TUC-JAS (CRP) Petitioner, 11 vs. 12 Louis W. Winn, Jr., et al., ORDER 13 Respondents. 14 15 Pending before the Court is a Report and Recommendation issued by United 16 States Magistrate Judge Bruce G. Macdonald that recommends substituting the 17 appropriate Warden as Respondent, denying Petitioner’s Second Amended Petition, and 18 denying Respondent’s Motion to Dismiss. A review of the record reflects that the parties 19 have not filed any objections to the Report and Recommendation and the time to file 20 objections has expired. As such, the Court will not consider any objections or new 21 evidence. 22 The Court has reviewed the record and concludes that Magistrate Judge 23 Macdonald’s recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); 24 Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); 25 Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). 26 Accordingly, IT IS HEREBY ORDERED as follows: 27 (1) 28 Magistrate Judge Macdonald’s Amended Report and Recommendation (Doc. 29) is accepted and adopted. 1 (2) J.T. Shartle, Warden, shall be substituted as Respondent pursuant to Rule 2 25(d) of the Federal Rules of Civil Procedure and Rule 43(c)(2) of the Federal Rules of 3 Appellate Procedure. 4 5 (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. 6 (4) 7 The Clerk shall close the file in this case. 8 Dated this 8th day of September, 2016. Respondent’s Motion to Dismiss (Doc. 17) is DENIED. 9 10 11 12 13 Honorable James A. Soto United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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