Gallenardo v. Gutierrez

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

9 William James Gallenardo, No. CV-22-00357-TUC-SHR 10 Petitioner, Order Accepting Report & Recommendation With No Objections v. Unknown Gutierrez, 13 Respondent.

16 On June 14, 2023, Magistrate Judge Angela M. Martinez issued a Report and Recommendation (“R&R”) in which she recommended the Court dismiss Petitioner William James Gallenardo’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Petition”) for lack of jurisdiction. (Doc. 23.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. (Id.) No objections have been filed.

22 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.”

27 Thomas, 474 U.S. at 154.

28 The Court has reviewed the Petition (Doc. 1), the Respondent’s Answer (Doc. 13), || Petitioner’s Reply (Doc. 21), and Judge Martinez’s R&R (Doc. 23). The Court finds the 2|| R&R well-reasoned and agrees with Judge Martinez’s conclusion that the Court lacks || jurisdiction over the Petition.

4 IT IS ORDERED the R&R (Doc. 23) is ACCEPTED and Plaintiffs Petition for || Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) is DISMISSED.

6 IT IS FURTHER ORDERED the Clerk of Court shall docket accordingly and 7\| close this case.

8 Dated this 4th day of August, 2023.

10 /} 12 Honorable Scott H, Rash _/ United States District Judge _2-