Thomas Horton v. M. Gutierrez, Warden

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 4 Thomas Horton, No. CV-23-00198-TUC-JAS (EJM) 5 Petitioner, ORDER 6 Vv.

7 M. Gutierrez, Warden, 8 Respondent.

10 Pending before the Court is a Report and Recommendation issued by United States || 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 || 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 || 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 || 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.

Honorable James A. Soto 27 United States District Judge