Free Order Adopting Report and Recommendations - District Court of Arizona - Arizona

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Case 2:03-cv-02589-EHC Document 78 Filed 07/28/2005 Page 1 of 2 Roy Junior Marks,

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
) ) Petitioner, ) ) vs. ) ) Dora Schriro, et al., ) ) Respondents. ) )

CIV 03-2589-PHX-EHC (VAM) O R D E R

On December 29, 2003, Petitioner filed a Petition for Writ of Habeas Corpus [Dkt. 1] pursuant to 28 U.S.C. § 2254. On November

22, 2004, Respondents filed an Answer with Exhibits. (Dkts. 36 & 37). On December 14, 2004, Petitioner filed a Traverse Reply. (Dkt. 43). With respect to Petitioner's Motion for Release from

Custody (Dkt. 39), Magistrate Judge Virginia A. Mathis issued a Report and Recommendation May 9, 2005. (Dkt. 61). A Report and Recommendation was filed June 17, 2005 with respect to the Petition for Writ of Habeas Corpus. (Dkt. 74). On June 22, 2004, Petitioner filed Objections (Dkt. 75) to the Report and Recommendation. (Dkt. 74). STANDARD OF REVIEW A district court judge reviews de novo the Report and Recommendation of a Magistrate Judge.

See 28 U.S.C. §

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636(b)(1)(C) and Rule 1.15(b), Rules of Practice of the United States District Court for the District of Arizona. DISCUSSION The Court, having reviewed the record de novo, including the Objections filed by Petitioner, adopts in full the Report and Recommendations filed May 10, 2005 and June 17, 2005, and incorporates the same as a part of this Order. Accordingly, IT IS ORDERED that the Report and Recommendations of the Magistrate Judge are adopted in full. (Dkts. 61 & 74). IT IS FURTHER ORDERED that the Petition is denied. (Dkt. 1). IT IS FURTHER ORDERED that Petitioner's Motions for Ruling (Dkts. 73 & 77) are denied as moot. DATED this 28th day of July, 2005.

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