Thomas Horton v. M. Gutierrez, Warden

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA [3] 4 Thomas Horton, No. CV-23-00198-TUC-JAS (EJM) 5 Petitioner, ORDER 6 Vv. 7 M. Gutierrez, Warden, 8 Respondent. [9] 10 Pending before the Court is a Report and Recommendation issued by United States 11 || Magistrate Judge Markovich. A review of the record reflects that the parties have not filed □□ any objections to the Report and Recommendation and the time to file objections has 13 || expired. As such, the Court will not consider any objections or new evidence. 14 The Court has reviewed the record and concludes that Magistrate Judge 15 || Markovich’s recommendations are not clearly erroneous. 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 17 || v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). 18 Accordingly, IT IS HEREBY ORDERED as follows: 19 (1) Magistrate Judge Markovich’s Report and Recommendation (Doc. 11) is accepted 20 and adopted. 1 (2) The § 2241 Petition is denied and this case is dismissed with prejudice; the Clerk 22 of the Court shall enter judgment and close the file in this case. 23 Dated this 12th day of January, 2026. [24] Honorable James A. Soto 27 United States District Judge