Enrique Paz-Vasquez v. Todd Blanche, et al.

Opinion

Enrique Paz-Vasquez, No. CV-26-02821-PHX-SHD

Petitioner, ORDER

v.

Todd Blanche, et al.,

Respondents. Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241. The Magistrate Judge to whom this case was referred issued a Report and Recommendation recommending that the Petition be dismissed without prejudice for failure to exhaust administrative remedies on his challenge to the sufficiency of Petitioner’s individualized release determination, and as moot as to Petitioner’s challenge to the lack of such a determination. (Doc. 11.) The time for filing objections has run, and neither party filed objections. This Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). It is “clear that the district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, ‘but not 1 otherwise.’”); see also Klamath Siskiyou Wildlands Ctr. v. U.S. Bureau of Land Memt., 589 F.3d 1027, 1032 (9th Cir. 2009) (the district court “must review de novo the portions of the [Magistrate Judge’s] recommendations to which the parties object”). District courts are not required to conduct “any review at all... of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 U.S.C. § 636(b)(1) (“[T]he court shall make a de novo determination of those portions of the [report and recommendation] to which objection is made.”’). No objection having been filed, IT IS ORDERED that the Report and Recommendation (Doc. 11) is accepted; the Petition is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall issue } judgment accordingly and close this case. Dated this 13th day of July, 2026. □ / " H le Sharad H. Desai United States District Judge

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