Landeros v. Shinn

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Jesus Landeros, No. CV-17-00182-TUC-RCC 10 Petitioner, ORDER v. Charles L Ryan, et al., 13 Respondents.

15 On July 30, 2020, Magistrate Judge Bruce G. Macdonald issued a Report and Recommendation (“R&R”) in which he recommended the Court dismiss Petitioner Jesus Landeros’ Petition Pursuant to 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody (Non-Death Penalty). (Doc. 27.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. No objections have been filed.

21 If neither party objects to a magistrate judge’s report and recommendation, the District Court is not required to review the magistrate judge’s decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a magistrate judge’s recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Thomas, 474 U.S. at 154.

27 The Court has reviewed and considered the Petition (Docs. 1, 13-1), Judge Macdonald’s screening order (Doc. 13), the Government’s response (Docs. 24-26), and || the R&R (Doc. 27). The Court finds the R&R well-reasoned and agrees with Judge Macdonald’s conclusions.

3 Accordingly, IT IS ORDERED the R&R is ADOPTED and Petitioner Jesus Landeros’ Petition Pursuant to 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person 5|| in State Custody (Non-Death Penalty) is DISMISSED WITH PREJUDICE. (Doc. 27.) || The Clerk of Court shall docket accordingly and close the case file in this matter.

7 Dated this 24th day of September, 2020.

10 (7 Dp ll f Honorable Raner C. Collins 12 Senior United States District Judge _2-