Andrade v. Cantu

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

9 Alencar Reis Andrade, Jr., No. CV-23-01462-PHX-DLR 10 Petitioner, ORDER v. John E Cantu, et al., 13 Respondents.

15 Before the Court is Petitioner Alencar Reis Andrade, Jr.’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) and United States Magistrate Judge Bibles’ Report and Recommendation (“R&R”) (Doc. 15). The R&R recommends that the Court deny and dismiss the petition as moot. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection.”); 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.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R in its entirety. See 28 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 2|| 72(b)(3) (‘The district judge may accept, reject, or modify the recommended disposition; || receive further evidence; or return the matter to the magistrate judge with instructions.”).

4 IT IS ORDERED that the R&R (Doc. 15) is ACCEPTED.

5 IT IS FURTHER ORDERED Petitioner’s petition (Doc. 1) is DENIED and 6|| DISMISSED AS MOOT.

7 IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed || in forma pauperis on appeal are DENIED because this case arises under 28 U.S.C. § 2241 9|| and does not attack a state court detention or a federal criminal judgment or sentence.

10 IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment || accordingly and terminate this case.

12 Dated this 10th day of January, 2024.

15 {Z, 17 Uaited States Dictric Judge _2-