Tovar v. Howard

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

9 Raul Tovar, No. CV-21-00270-TUC-RCC 10 Petitioner, ORDER v. C. Howard, et al., 13 Respondents.

15 On February 11, 2022, Magistrate Judge Leslie A. Bowman issued a Report and Recommendation ("R&R") in which she recommended the Court deny Petitioner Raul Tovar's Petition Pursuant to 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody. (Doc. 23.) The R&R notified the parties that they had fourteen (14) days from the date of the R&R to file any objections. No objections have been filed.

20 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.” Id. at 154.

26 The Court has reviewed and considered the Petition (Doc. 1), the Screening Order (Doc. 8), the Government's Response (Doc. 17), Petitioner's Reply (Doc. 22), and Judge Bowman's R&R (Doc. 23). The Court finds that the R&R is well-reasoned and agrees ! || with Judge Bowman's conclusions. Accordingly, 2 IT IS ORDERED that the R&R is ADOPTED (Doc. 23) and Petitioner Raul 3|| Tovar's Petition Pursuant to 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in 4|| Federal Custody is DISMISSED WITH PREJUDICE (Doc. 1). The Clerk of Court shall docket accordingly and close the case file in this matter.

6 Dated this 17th day of March, 2022.

9 fl Dp 10 f KW Cabl.— Honorable Raner ©. Collins I senior United States District Judge -2-