Medrano v. United States Parole Commission

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION. The 24 Report and Recommendation is accepted and adopted. Petitioner's 15 Motion to Amend the Caption is DENIED AS MOOT. Petitioner's 16 Motion to Summarily Decide the Issue of Exhaust ion is DENIED. Petitioner's 21 Motion for a Hearing is DENIED AS MOOT. Petitioner's 26 Motion for Extension of Time to File Reply is DENIED AS MOOT. Petitioner's 1 §2241 Petition is denied and this case is dismissed without prejudice for failure to exhaust. The Clerk of the Court shall enter judgment accordingly and close the file in this matter. Signed by Judge Jennifer G Zipps on 3/11/2015. (ALS)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 8 No. CV-14-2294-TUC-JGZ Jaime B. Medrano, 9 Petitioner, 10 vs. 11 ORDER United States Parole Commission, 12 Respondent. 13 14 Pending before the Court is a Report and Recommendation issued by United 15 States Magistrate Judge D. Leslie A. Bowman that recommends dismissing Petitioner’s 16 habeas petition filed pursuant to 28 U.S.C. §2241. (Doc. 24.) As thoroughly explained 17 by Magistrate Judge Bowman, Petitioner is not entitled to relief because he failed to 18 exhaust his administrative remedies prior to filing his Petition and because his Petition is 19 without merit. As Petitioner’s objections do not undermine the analysis and proper 20 conclusion reached by Magistrate Judge Bowman, Petitioner’s objections are rejected and 21 the Report and Recommendation is adopted. 22 // 23 // 24 // 25 26 27 28 // // // // 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. The Report and Recommendation (Doc. 24) is accepted and adopted; 3 2. Petitioner’s Motion to Amend the Caption (Doc. 15) is DENIED AS MOOT; 4 3. Petitioner’s Motion to Summarily Decide the Issue of Exhaustion (Doc. 16) is 5 DENIED; 6 4. Petitioner’s Motion for a Hearing (Doc. 21) is DENIED AS MOOT; 7 5. Petitioner’s Motion for Extension of Time to File Reply (Doc. 26) is DENIED AS 8 9 10 11 MOOT; 6. Petitioner’s §2241 Petition (Doc. 1) is denied and this case is dismissed without prejudice for failure to exhaust; 7. The Clerk of the Court shall enter judgment accordingly and close the file in this 12 matter. 13 Dated this 11th day of March, 2015. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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