Pait v. Gutierrez

[5] 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA [8] 9 William Pait, No. CV-23-00141-TUC-JAS 10 Petitioner, ORDER 11 v. 12 Mark Gutierrez, 13 Respondent. [15] 16 Pending before the Court is a Report and Recommendation issued by United States 17 Magistrate Judge Macdonald that recommends denying Petitioner’s Petition for Writ of 18 Habeas Corpus and dismissing this case with prejudice. A review of the record reflects 19 that the parties have not filed any objections to the Report and Recommendation and the 20 time to file objections has expired. As such, the Court will not consider any objections or 21 new evidence. 22 The Court has reviewed the record and concludes that Magistrate Judge 23 Macdonald’s recommendations are not clearly erroneous. See 28 U.S.C. § 636 (b)(1); Fed. 24 R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley 25 v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). 26 /// 27 /// 28 /// 1 Accordingly, IT IS HEREBY ORDERED as follows: || (1) Magistrate Judge Macdonald’s Report and Recommendation (Doc. 11) is accepted and adopted. (2) The Petition for Writ of Habeas Corpus (Doc. 1) is denied. 5 || (3) This case is dismissed with prejudice. 6 Dated this 10th day of January, 2024. [8] A ark, Honorable James A. Soto 10 United States District Judge [28] _2-