Zapata v. Wilner

Filing 16

ORDER. The Recommendation of United States Magistrate Judge 15 filed 03/27/2009, is APPROVED AND ADOPTED as an order of this court. The Application For a Writ of Habeas Corpus Pursuant To 28 U.S.C. § 2241 2 filed 09/08/2008, is DENIED. This case is DISMISSED WITH PREJUDICE. By Judge Robert E. Blackburn on 04/07/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-01914-REB-KMT GABRIEL ZAPATA, Applicant, v. J.M. WILNER, Warden, FCI-Florence, Respondent.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#15] filed March 27, 2009. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).1 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#15] filed March 27, 2009, is APPROVED AND ADOPTED as an order of this court;

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

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2. That the Application For a Writ of Habeas Corpus Pursuant To 28 U.S.C. § 2241 [#2] filed September 8, 2008, is DENIED; and 3. That this case is DISMISSED WITH PREJUDICE. Dated April 7, 2010, at Denver, Colorado. BY THE COURT:

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