Main v. Timme
ORDER The Magistrate Judges Recommendation ECF No. 26 is ADOPTED in its entirety; Plaintiffs Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ECF No. 1 is DENIED; and The above captioned matter is hereby DISMISSED WITH PREJUDICE; and The Clerk shall close the case. Each party shall bear his or its own costs., by Judge William J. Martinez on 7/8/2013.(ervsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 12-cv-2737-WJM-CBS
ROY J. MAIN,
RAE TIMME, Warden,
ORDER ADOPTING JUNE 11, 2013 RECOMMENDATION OF MAGISTRATE JUDGE
AND DENYING PLAINTIFF’S APPLICATION FOR A WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
This matter is before the Court on the June 11, 2013 Recommendation of United
States Magistrate Judge Craig B. Shaffer (the “Recommendation”) (ECF No. 26) that
Plaintiff’s Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF
No. 1) be denied. The Recommendation is incorporated herein by reference. See 28
U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
The Recommendation advised the parties that specific written objections were
due within fourteen days after being served with a copy of the Recommendation. (ECF
No. 26, at 9-10.) Despite this advisement, no objections to the Magistrate Judge’s
Recommendation have to date been received.
The Court concludes that the Magistrate Judge’s analysis was thorough and
sound, and that there is no clear error on the face of the record. See Fed. R. Civ. P.
72(b) advisory committee’s note (“When no timely objection is filed, the court need only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.”); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991)
(“In the absence of timely objection, the district court may review a magistrate’s report
under any standard it deems appropriate.”).
In accordance with the foregoing, the Court ORDERS as follows:
The Magistrate Judge’s Recommendation (ECF No. 26) is ADOPTED in its
Plaintiff’s Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241
(ECF No. 1) is DENIED; and
The above captioned matter is hereby DISMISSED WITH PREJUDICE; and
The Clerk shall close the case. Each party shall bear his or its own costs.
Dated this 8h day of July, 2013.
BY THE COURT:
William J. Martínez
United States District Judge
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