Horton v. Gutierrez

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Thomas Horton,
Petitioner,
v.
M. Gutierrez, Warden,
Respondent.
No. CV-23-00198-TUC-JAS (EJM)
ORDER
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.
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).
Accordingly, IT IS HEREBY ORDERED as follows:
(1) Magistrate Judge Markovich’s Report and Recommendation (Doc. 11) is accepted
and adopted.
(2) The § 2241 Petition is denied and this case is dismissed with prejudice; the Clerk
of the Court shall enter judgment and close the file in this case.
Dated this 12th day of January, 2026.
Case 4:23-cv-00198-JAS Document 12 Filed 01/12/26 Page 1 of 1