Nunez v. Suthers

Filing 25

ORDER AFFIRMED AND ADOPTED 24 Report and Recommendations of United States Magistrate Judge Craig B. Shaffer; Plaintiffs Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 6 filed September 9, 2008 is DENIED. It is FURTHER ORDERED that this civil action is DISMISSED WITH PREJUDICE. by Judge Christine M. Arguello on 5/18/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 08-cv-01732-CMA-CBS JOE NUNEZ, Applicant, v. PEOPLE OF THE STATE OF COLORADO, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER ADOPTING AND AFFIRMING APRIL 15, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on Plaintiff's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc. # 6), filed September 9, 2008. The application was referred to Magistrate Judge Craig B. Shaffer for a Recommendation by Order of Reference dated January 30, 2009. Magistrate Judge Shaffer issued a Recommendation on April 15, 2009 that the above-referenced application be denied. (Recommendation at 9.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). There have been no objections to the Magistrate Judge's Recommendation filed by either party. "In the absence of timely objection, the district court may review a magistrate. . . [judge's] report under any standard it deems appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150

(1985) (stating that "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings"). Applying this standard, I am satisfied that the Recommendation of Magistrate Judge Shaffer is sound and that there is no clear error on the face of the record. See Fed.R.Civ.P. 72(a). I agree that the above-referenced application for a writ of habeas corpus should be denied. Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Craig B. Shaffer (Doc. # 24), filed April 15, 2009, is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that Plaintiff's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc. # 6), filed September 9, 2008 is DENIED. It is FURTHER ORDERED that this civil action is DISMISSED WITH PREJUDICE. DATED: May 18 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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