Lee v. Lake

Filing 11

ORDER adopting Report and Recommendations re 10 . The Petition for Writ of Habeas Corpus 1 is DENIED. IT IS FURTHER ORDERED that this action is dismissed with prejudice. This case is closed. The Clerks Office shall enter a Final Judgment to this effect. A Certificate of Appealability is DENIED. Signed by Senior Judge David C Bury on 6/29/2015.(DLC)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE DISTRICT OF ARIZONA 5 6 Tracy Damon Lee, 7 Petitioner, 8 9 10 vs. S. Lake, Warden, Respondents. 11 ) ) ) ) ) ) ) ) ) ) CV-15-039-TUC-DCB ORDER 12 13 Magistrate Judge Bowman issued her Report and Recommendation on May 27, 2015, 14 recommending that the District Court enter an order denying the Petition for Writ of Habeas 15 Corpus on the merits and dismiss the action. A copy was sent to all parties, notifying all 16 parties that written objections must be filed within fourteen days of service. 28 U.S.C. 17 §636(b). No objections to the Magistrate Judge’s Report and Recommendation have been 18 filed. Consequently, any objections that have not been raised are waived. United States v. 19 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 20 The Court, having made an independent review of the record, orders as follows: 21 IT IS ORDERED that Magistrate Judge Bowman’s Report and Recommendation 22 (Doc. 10) is ACCEPTED and ADOPTED by this Court as the findings of fact and 23 conclusions of law. The Petition for Writ of Habeas Corpus (Doc. 1) is DENIED. IT IS FURTHER ORDERED that this action is dismissed with prejudice. This case 24 25 is closed. The Clerk’s Office shall enter a Final Judgment to this effect. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. See 26 27 28 // 1 United States v. Martin, 226 F.3d 1042, 1046 (9th Cir. 2000) (citing Slack v. McDaniel, 529 2 U.S. 473, 484 (2000).) 3 DATED this 29th day of June, 2015. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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