Quezada v. Gunther

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

9 Paulo Quezada, No. CV-24-02194-PHX-DWL 10 Petitioner, ORDER v. Jason Gunther, 13 Respondent.

15 Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) and the Report and Recommendation (“R&R”) of the United States Magistrate Judge (Doc. 16). The R&R, which was issued on March 5, 2025, recommends that the Petition be dismissed without prejudice as unripe or, alternatively, that the Petition be denied. (Doc. 16 at 14.) The R&R further provides that “the parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court.” (Id.) 22 Here, no such objections have been filed and the 14-day deadline has expired. Thus, the Court adopts the R&R. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 (1985) (“It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) 1|| (‘[T]he district judge must review the magistrate judge’s findings and recommendations 2|| de novo if objection is made, but not otherwise.”).

3 Accordingly, 4 IT IS ORDERED that the R&R’s recommended disposition (Doc. 16) is accepted, || that the Petition (Doc. 1) is dismissed without prejudice, and that the Clerk of Court shall □□ enter judgment accordingly.

7 IT IS FURTHER ORDERED that a certificate of appealability and leave to || proceed in forma pauperis on appeal are denied because Petitioner has not made a □□ substantial showing of the denial of a constitutional right and because dismissal is justified by a plain procedural bar and jurists of reason would not find the procedural ruling |} debatable.

12 Dated this 28th day of March, 2025.

14 Lm ee” 15 f t _o——— Dominic W, Lanza 16 United States District Judge -2-