Opinion
No. 10-CV-101-TUC-AWT.
February 28, 2011
ORDER
This order addresses the habeas corpus petition and Motion for Summary Judgment by Petitioner Demetrius Lemus. On January 5, 2011, after a thorough and well documented analysis, Magistrate Judge Marshall issued a Report and Recommendation ("R R") to this Court. Neither party filed an objection to the R R. Magistrate Judge Marshall recommended that this Court both dismiss the petition and deny the motion.
When there are no objections to the R R, the Court will modify or set aside only those portions that are clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F.Supp.2d 1203, 1204 (D. Or. 1998). The Court has carefully reviewed the entire record and concludes that Magistrate Judge Marshall's recommendations are not clearly erroneous or contrary to law.
Accordingly,
IT IS ORDERED that the REPORT AND RECOMMENDATION of Magistrate Judge Marshall (Doc. No. 22) is ADOPTED. IT IS FURTHER ORDERED that this case be DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case.
DATED this 28th day of February, 2011.