Beazer v. Jones et al

Filing 28

ORDER. the the Recommendation of United States Magistrate Judge 27 filed 7/15/2010, is APPROVED AND ADOPTED. The Application For Writ of Habeas Corpus Pursuant To 28 U.S.C. § 2254 1 filed 4/3/2009, is DENIED. There is no basis on which to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c). This civil action is DISMISSED WITH PREJUDICE. By Judge Robert E. Blackburn on 12/21/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-00758-REB-CBS CLAIR LLOYD BEAZER, Applicant, v. WARDEN SUSAN JONES OF COLORADO STATE PENITENTIARY, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, JOHN SUTHERS, Respondents. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#27]1 filed July 15, 2010. 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).2 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:

"[#27]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order. This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.
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1. That the the Recommendation of United States Magistrate Judge [#27] filed July 15, 2010, is APPROVED AND ADOPTED as an order of this court; and 2. That the Application For Writ of Habeas Corpus Pursuant To 28 U.S.C. § 2254 [#1] filed April 3, 2009, is DENIED; 3. That there is no basis on which to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c); and 4. That this civil action is DISMISSED WITH PREJUDICE. Dated December 21, 2010, at Denver, Colorado. BY THE COURT:

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