Mason v. United States

Opinion

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

9 Steven Mason, No. CV-23-00245-TUC-RCC

10 Petitioner, ORDER

11 v.

12 United States of America, et al.,

13 Respondents. 14 15 On May 20, 2024, Magistrate Judge Bruce G. Macdonald issued a Report and 16 Recommendation ("R&R") in which he recommended the Court deny Petitioner Steven 17 Mason's First Amended Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by 18 a Person in Federal Custody, (Doc. 5), and dismiss this case with prejudice. (Doc. 17.) 19 Judge Macdonald notified the parties they had fourteen (14) days from the date of the 20 R&R to file any objections. (Id. at 7.) No objections have been filed. 21 If neither party objects to a magistrate judge’s R&R, the District Court is not 22 required to review the magistrate judge’s decision under any specified standard of 23 review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a 24 magistrate judge’s recommendation “does not preclude further review by the district 25 judge, sua sponte or at the request of a party, under a de novo or any other standard.” Id. 26 at 154. 27 The Court has reviewed the First Amended Petition (Doc. 5), Respondent's 28 response (Doc. 15), Petitioner's Reply (Doc. 16), and the R&R (Doc. 17). The Court finds || the R&R well-reasoned and agrees with Judge Macdonald's conclusions. 2 Accordingly, IT IS ORDERED: 3 1) Magistrate Judge Macdonald's Report and Recommendation is ADOPTED. (Doc. 4 17.) 5 2) Petitioner Steven Mason's First Amended Petition Under 28 U.S.C. § 2241 for a 6 Writ of Habeas Corpus by a Person in Federal Custody is DENIED. (Doc. 5.) 7 3) Should Petitioner choose to file an appeal, the Court declines to issue a certificate 8 of appealability because reasonable jurists would not find the Court’s ruling 9 debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). 10 4) This matter is DISMISSED WITH PREJUDICE. The Clerk of Court shall docket 11 accordingly. 12 Dated this 10th day of June, 2024. 13 14 15 _ Dp ST (rl _— - 16 Honorable Raner ©. Collins 17 merior United States District Judge 18 19 20 21 22 23 24 25 26 27 28

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