Opinion
Civil Action No. 12-cv-01451-WJM-BNB
04-12-2013
MIKE BARTOWSHESKI, Plaintiff, v. WARDEN RAE TIMME, Defendant.
Judge William J. Martínez
ORDER ADOPTING MARCH 18, 2013 RECOMMENDATION OF
MAGISTRATE JUDGE AND DENYING PLAINTIFF'S
AMENDED APPLICATION FOR WRIT OF HABEAS CORPUS
This matter is before the Court on the March 18, 2013 Recommendation of United States Magistrate Judge Boyd N. Boland (the "Recommendation") (ECF No. 25) that Plaintiff's Amended Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 6) 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. 25 at 8 n.1.) Despite this advisement, and the fact that 25 days have passed since the Recommendation was issued, no objections to the Magistrate Judge's Recommendation have been filed by either party.
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: (1) The Magistrate Judge's Recommendation (ECF No. 25) is ADOPTED in its entirety; (2) Plaintiff's Amended Application for Writ of Habeas Corpus (ECF No. 6) is DENIED; (3) Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases In the United States District Courts, the Court DECLINES to issue a Certificate of Appealability for any matters raised in the Amended Application; and (4) The Clerk of the Court is DIRECTED to enter Judgment in favor of Respondent. Each party shall bear his own costs.
BY THE COURT:
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William J. Martínez
United States District Judge