Tuaimalo v. Heisner

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

9 Siaosilepelenise L Tuaimalo, No. CV-23-01948-PHX-DJH 10 Petitioner, ORDER v. Russell Heisner, et al., 13 Respondents.

15 On February 5, 2024, Magistrate Judge Alison S. Bachus issued a Report and Recommendation (“R&R”) recommending that Petitioner Siaosilepelenise Tuaimalo’s Petition Under 28 U.S.C. § 2241 (“Petition”) (Doc. 1) be denied, and the matter dismissed with prejudice. (Doc. 11). Judge Bachus advised the parties that they had fourteen days to file objections and that the failure to timely do so “may result in the acceptance of the Report and Recommendation by the district court without further review.” (Id. at 7) (citing United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Over fourteen days have passed and neither party has filed an objection.

24 Absent any objections, the Court is not required to review the findings and recommendations in the R&R. See Thomas, 474 U.S. at 149 (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 2|| objected to.”).

3 Nonetheless, the Court has reviewed Judge Bachus’s R&R and agrees with its 4|| 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, reject, or 6|| modify, in whole or in part, the findings or recommendations made by the magistrate 7\| judge.”); Fed.R.Civ.P. 72(b)(3) (same).

8 Accordingly, 9 IT IS ORDERED that the Report and Recommendation (Doc. 11) is || ACCEPTED and ADOPTED as the Order of this Court.

11 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 13} PREJUDICE.

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

16 Dated this 24th day of April, 2024.

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