Jones v. Unknown Party

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Cordell Glen Jones, No. CV-23-02182-PHX-JAT

10 Petitioner, ORDER

11 v.

12 Unknown Party,

13 Respondent. 14 15 Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus filed 16 pursuant to 28 U.S.C. § 2241. The Magistrate Judge to whom this case was assigned issued 17 a Report and Recommendation (“R&R”) recommending that the Petition be dismissed 18 without prejudice. (Doc. 13). Neither party has objected to the R&R and the time for filing 19 objections has run. 20 This Court “may accept, reject, or modify, in whole or in part, the findings or 21 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). It is “clear that 22 the district judge must review the magistrate judge’s findings and recommendations de 23 novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 24 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 25 F.Supp.2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that 26 de novo review of factual and legal issues is required if objections are made, ‘but not 27 otherwise.’”); Klamath Siskiyou Wildlands Ctr. v. U.S. Bureau of Land Mgmt., 589 F.3d 28 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 2|| not required to conduct “any review at all... of any issue that is not the subject of an objection.” Thomas vy. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 U.S.C. § 636(b)(1) (“the court shall make a de novo determination of those portions of the [report 5|| and recommendation] to which objection is made.”’). 6 There being no objections, 7 IT IS ORDERED that the R&R (Doc. 13) is accepted. 8 IT IS FURTHER ORDERED that the Petition in this case is dismissed, without || prejudice, and the Clerk of the Court shall enter judgment accordingly. 10 IT IS FINALLY ORDERED that the Clerk of the Court shall sent a copy of this |} Order and the Judgment to Petitioner at the address listed in the docket and the address listed in the R&R. (Doc. 13 at 7). 13 Dated this 25th day of October, 2024. 14 15 a 3 16 17 _ James A. Teil Org Senior United States District Judge 18 19 20 21 22 23 24 25 26 27 28

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