Holt v. Heisner

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Carlos L. Holt, III, ) No. CV-23-00975-PHX-SPL ) ) 10 Petitioner, ) ORDER vs. ) ) ) Russell Heisner, ) ) 13 Respondent. ) ) 14 ) 15 Petitioner Carlos L. Holt, III has filed an Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Docs. 3, 5). The Honorable Deborah M. Fine, United States Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 14), recommending that the Court deny the Amended Petition. Judge Fine advised the parties that they had fourteen (14) 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. (Doc. 14 at 13–14) (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna- Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

23 The parties did not file 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 adopt the R&R and deny the Amended Petition. See 28 U.S.C. § 636(b)(1) 2| (stating that the district court “may accept, reject, or modify, in whole or in part, the 3| findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 4) district judge may accept, reject, or modify the recommended disposition; receive further 5| evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 6 IT IS ORDERED: 7 1. That Magistrate Judge Deborah M. Fine’s Report and Recommendation | (Doc. 14) is accepted and adopted by the Court; 9 2. That the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Docs. 3, 5) is denied; and 11 3. That the Clerk of Court shall terminate this action and enter judgment | accordingly.

13 Dated this 2nd day of May, 2024.

16 United States District didge