Vanaman v. Gutierrez

Opinion

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

9 Leslie Grey Vanaman, No. CV-22-00485-TUC-JCH

10 Petitioner, ORDER

11 v.

12 Mark Gutierrez,

13 Respondent. 14 15 On January 25, 2024, Magistrate Judge Eric J. Markovich issued a Report and 16 Recommendation ("R&R"), recommending that the Court deny Petitioner Leslie Grey 17 Vanaman's petition under 28 U.S.C. § 2241 for a writ of habeas corpus by a person in 18 federal custody. Doc. 22 The R&R notified the parties they had fourteen (14) days from 19 the date of the R&R to file any objections. Id. at 14. On January 31, 2024, Petitioner 20 requested until March 1, 2024, to file objections to the R&R. Doc. 23. On February 7, 2024, 21 the Court granted Petitioner until February 22, 2024, to file any objection to the R&R. Doc. 22 24. No objections have been filed. 23 If no objections are filed, the district judge is not required to review the magistrate 24 judge's R&R under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 25 (1985). However, the district judge may conduct further review, "sua sponte or at the 26 request of a party, under a de novo or any other standard." Id. at 154. 27 The Court has reviewed and considered the Petition (Doc. 1), Warden Gutierrez's 28 Response and exhibits (Doc. 15), Petitioner's Reply (Doc. 21), and the Magistrate's R&R (Doc. 22). The Court finds the R&R is well-reasoned and adopts Magistrate Judge Markovich's findings and conclusions. 3 The Court need not issue a certificate of appealability in this matter. See Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008) (finding a § 2241 habeas does not require a || certificate of appealability "unless the section 2241 petition is a section 2255 petition in 6 || disguise”). 7 Accordingly, IT IS ORDERED: 8 1. ADOPTING the R&R (Doc. 22); and 9 2. DENYING Petitioner Vanaman's Petition for a Writ of Habeas Corpus under 10 28 U.S.C. § 2241 (Doc. 1.) and DISMISSING this matter. The Clerk of Court shall 11 docket this matter accordingly. 12 Dated this 27th day of February, 2024. 13 14 f fy Is . | 16 / / John C. Hinderaker 7 _/United States District Judge 18 19 20 21 22 23 24 25 26 27 28

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