Hill v. Graber

Full title: Eric Byon Hill, Petitioner, v. Conrad M. Graber, Warden, Respondent

Court: United States District Court, D. Arizona

Date published: Oct 5, 2011

No. CV 10-723-TUC-FRZ (HCE) (D. Ariz. Oct. 5, 2011)

Opinion

No. CV 10-723-TUC-FRZ (HCE).

October 5, 2011

ORDER

FRANK ZAPATA, District Judge

Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge Estrada that recommends denying Petitioner's habeas petition filed pursuant to 28 U.S.C. § 2241. As throughly explained by Magistrate Judge Estrada, 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 conclusions reached by Magistrate Judge Estrada, 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. 16) is accepted and adopted.

(2) Petitioner's § 2241 habeas petition is 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 3^rd day of October, 2011.