Eisenhour v. Gutierrez

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

9 Jimmy Lee Eisenhour, No. CV-23-00279-TUC-JCH 10 Petitioner, ORDER v. M. Gutierrez, 13 Respondent.

15 On January 24, 2024, Magistrate Judge Maria S. Aguilera issued a Report and Recommendation ("R&R"), recommending that the Court deny Petitioner Jimmy Lee Eisenhour's petition for a writ of habeas corpus under 28 U.S.C. § 2241. Doc. 10. The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. Id. at 3. No objections have been filed.

20 If no objections are filed, the district judge is not required to review the magistrate judge's R&R under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the district judge may conduct further review, "sua sponte or at the request of a party, under a de novo or any other standard." Id. at 154.

24 The Court has reviewed and considered the Petition (Doc. 1), Warden Gutierrez's Response and exhibits (Doc. 7), and the Magistrate's R&R (Doc. 10). The Court finds the R&R is well–reasoned and adopts Magistrate Judge Aguilera's findings and conclusions.

27 The Court need not issue a certificate of appealability in this matter. See Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008) (finding a § 2241 habeas does not require a || certificate of appealability "unless the section 2241 petition is a section 2255 petition in 2|| disguise").

3 Accordingly, IT IS ORDERED: 4 1. ADOPTING the R&R (Doc. 10); and 5 2. DENYING Petitioner Eisenhour's Petition for a Writ of Habeas Corpus under 6 28 U.S.C. § 2241 (Doc. 1.) and DISMISSING this matter. The Clerk of Court shall 7 docket this matter accordingly.

8 Dated this Ist day of March, 2024.

10 f fy . | 2 / / John C. Hinderaker 3 _/United States District Judge _2-