Elk v. Von Blanckensee ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Tyree Yellow Elk, ) No. CV 20-300-TUC-JAS (MSA) ) 10 Petitioner, ) ORDER ) 11 vs. ) ) 12 ) Barbara Von Blanckensee, ) 13 ) Respondent. ) 14 ) ) 15 16 Pending before the Court is a Report and Recommendation issued by United States 17 Magistrate Judge Aguilera. A review of the record reflects that the parties have not filed any 18 objections to the Report and Recommendation and the time to file objections has expired. 19 As such, the Court will not consider any objections or new evidence. 20 The Court has reviewed the record and concludes that Magistrate Judge Aguilera’s 21 recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 22 Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 23 F. Supp. 2d 1203, 1204 (D. Or. 1998). 24 Accordingly, IT IS HEREBY ORDERED as follows: 25 (1) Magistrate Judge Aguilera’s Report and Recommendation (Doc. 19) is accepted and 26 adopted. 27 28 1 |] (2) As to the petition for a writ of habeas corpus under 28 U.S.C. § 2241 (Doc. 1), Ground 2 || Two and Ground Three are denied and Ground One and Ground Four are dismissed for lack 3 || of subject-matter jurisdiction. 4 || (3) This case is dismissed; the Clerk of the Court shall enter judgment and close the file in 5 || this case. Dated this 24th day of June, 2021. 9 | Aa sheen | b Honorable James A. Soto United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-