Schotz v. Apker

Full title: Barry R. Schotz, Petitioner, v. Craig Apker, Respondent

Court: United States District Court, D. Arizona

Date published: Jan 24, 2011

No. CV 09-703-TUC-FRZ (DTF) (D. Ariz. Jan. 24, 2011)

Opinion

No. CV 09-703-TUC-FRZ (DTF).

January 24, 2011

ORDER

FRANK ZAPATA, District Judge

Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge D. Thomas Ferraro that recommends denying Petitioner's habeas petition filed pursuant to 28 U.S.C. § 2241. As throughly explained by Magistrate Judge Ferraro, the petition must be denied as Petitioner fails to demonstrate any viable grounds entitling him to habeas relief.¹ As Petitioner's objections do not undermine the analysis and proper conclusion reached by Magistrate Judge Ferraro, Petitioner's objections are rejected and the Report and Recommendation is adopted.

1 The Court reviews de novo the objected-to portions of the Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). The Court reviews for clear error the unobjected-to portions of the Report and Recommendation. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998).

Accordingly, IT IS HEREBY ORDERED as follows:

(1) The Report and Recommendation (Doc. 30) is accepted and adopted.

(2) Petitioner's § 2241 habeas petition is denied and all other pending motions are denied; this case is dismissed with prejudice.

(3) The Clerk of the Court shall enter judgment accordingly and close the file in this matter.

DATED this 19^th day of January, 2011.