Grigsby v. Howard

D. Arizona

Grigsby v. Howard

DecidedJuly 25, 2022

Docket4:21-cv-00266

StatusUnknown

This text of Grigsby v. Howard (Grigsby v. Howard) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Grigsby v. Howard, (D. Ariz. 2022).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Philip Andra Grigsby, ) No. CV 21-266-TUC-JAS (LCK) ) 10 Petitioner, ) ORDER ) 11 vs. ) ) 12 ) Acting Warden D. Colbert, ) 13 ) Respondent. ) 14 ) ) 15 16 Pending before the Court is a Report and Recommendation issued by United States 17 Magistrate Judge Kimmins. 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 Kimmins’ 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 Kimmins’ Report and Recommendation (Doc. 47) is accepted and 26 adopted. 27 (2) Respondent's Motion to Dismiss (Doc. 40) is granted in part, and denied in part; the 28 motion to dismiss is denied to the extent the Court grants relief on Claim 1 of the Petition to 1 || the extent it seeks restoration of Petitioner's 41 days of Good Conduct Time (lost as a 2 || sanction pursuant to IR 3308868), but the motion to dismiss is granted to the extent the 3 || remainder of Claim 1, and the entirety of Claims 2 and 4 are dismissed. Respondent shall 4 || either timely restore Petitioner's 41 days of GCT or conduct a new disciplinary hearing if 5 || BOP possesses evidence to support a finding that Petitioner committed the prohibited act of 6 || Use of the Mail for an Illegal Purpose. 7 || (3) The Clerk of the Court shall enter judgment, terminate all pending motions, and close the 8 || file in this case. 10 Dated this 25th day of July, 2022. 11 12 13 14 ete 6 Honorable James A. Soto United States District Judge

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Philip Andra Grigsby, ) No. CV 21-266-TUC-JAS (LCK) ) 10 Petitioner, ) ORDER ) 11 vs. ) ) 12 ) Acting Warden D. Colbert, ) 13 ) Respondent. ) 14 ) ) 15 16 Pending before the Court is a Report and Recommendation issued by United States 17 Magistrate Judge Kimmins. 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 Kimmins’ 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 Kimmins’ Report and Recommendation (Doc. 47) is accepted and 26 adopted. 27 (2) Respondent's Motion to Dismiss (Doc. 40) is granted in part, and denied in part; the 28 motion to dismiss is denied to the extent the Court grants relief on Claim 1 of the Petition to 1 || the extent it seeks restoration of Petitioner's 41 days of Good Conduct Time (lost as a 2 || sanction pursuant to IR 3308868), but the motion to dismiss is granted to the extent the 3 || remainder of Claim 1, and the entirety of Claims 2 and 4 are dismissed. Respondent shall 4 || either timely restore Petitioner's 41 days of GCT or conduct a new disciplinary hearing if 5 || BOP possesses evidence to support a finding that Petitioner committed the prohibited act of 6 || Use of the Mail for an Illegal Purpose. 7 || (3) The Clerk of the Court shall enter judgment, terminate all pending motions, and close the 8 || file in this case. 10 Dated this 25th day of July, 2022. 11 12 13 14 ete 6 Honorable James A. Soto United States District Judge

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