Cotto v. Hetsner

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

9 Omil Cotto, No. CV-23-01979-PHX-DJH 10 Petitioner, ORDER v. J. Grunther, 13 Respondent.

15 Before the Court is Petitioner Omil Cotto’s 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Doc. 1), and the July 3, 2024, Report and Recommendation (“R&R”) of Magistrate Judge Alison S. Bachus (Doc. 10). In her R&R, Judge Bachus recommends the Petition be denied and dismissed with prejudice. (Id.) Judge Bachus advised the parties that they had fourteen (14) days to file any objections to the factual or legal conclusions in her R&R. (Doc. 10 at 9). Neither party has filed objections. Absent any objections, the Court is not required to review the findings and recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (noting that the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on its face require any review at all . . . of any issue that is not the subject of an objection.”); Reyna-Tapia, 328 F.3d at 1121 (same); Fed.R.Civ.P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.”).

27 Nonetheless, the Court has reviewed Judge Bachus’s well-reasoned R&R and agrees with its findings and recommendations. The Court will, therefore, accept the R&R || and dismiss the Petition. See 28 U.S.C. § 636(b)(1) (“A judge of the court may accept, 2|| reject, or modify, in whole or in part, the findings or recommendations made by the || magistrate judge.”’); Fed.R.Civ.P. 72(b)(3) (same).

4 Accordingly, 5 IT IS ORDERED that Magistrate Judge Bachus’s R&R (Doc. 10) is accepted || and adopted as the order of this Court.

7 IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus || pursuant to 28 U.S.C. § 2241 (Doc. 1) is denied and dismissed with prejudice and 9|| Petitioner’s request for an evidentiary hearing is denied.

10 IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action || and enter judgment accordingly.

12 Dated this 10th day of September, 2024.

14 ip pou — □□ 15 norable'Diang4. Humfetewa 16 United States District Judge _2-