Lake Cespedes Michel v. Luis Rosa, Jr., et al.

Opinion

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9 Lake Cespedes Michel, No. CV-26-00105-PHX-DWL

10 Petitioner, ORDER

11 v.

12 Luis Rosa, Jr., et al.,

13 Respondents. 14 15 Pending before the Court are Petitioner’s pro se Petition for Writ of Habeas Corpus 16 Pursuant to 28 U.S.C. § 2241 (Doc. 1) and the Report and Recommendation (“R&R”) of 17 the United States Magistrate Judge (Doc. 20). The R&R, which was issued on March 6, 18 2026, recommends that the petition be denied and dismissed as moot and further provides 19 that “[t]he parties shall have 14 days from the date of service of a copy of this 20 recommendation within which to file specific written objections with the Court.” (Doc. 20 21 at 5.) 22 Here, no such objections have been filed1 and the 14-day deadline has expired. 23 Thus, the Court adopts the R&R. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 (1985) 24 (“It does not appear that Congress intended to require district court review of a magistrate’s 25 factual or legal conclusions, under a de novo or any other standard, when neither party 26 objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 27 1 Presumably, this is because Petitioner appears to have been removed from the 28 United States after filing the petition, as discussed in the R&R and has reflected in the most recent notice of undeliverable mail (Doc. 21). 1 || 2003) (“[N]o review is required of a magistrate judge’s report and recommendation unless 2|| objections are filed.”). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 3|| Cir. 2003) (“[T]he district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise.”). 5 Accordingly, 6 IT IS ORDERED that the R&R’s recommended disposition (Doc. 20) is accepted, || that the petition (Doc. 1) is denied and dismissed as moot, and that the Clerk of Court 8 || shall enter judgment accordingly. 9 Dated this 25th day of March, 2026. 10 11 om ee Dominic W. Lanza 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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