Opinion
CV-22-00410-TUC-JCH
03-21-2023
Andre Deshawn Boyd, Petitioner, v. A. Dulgov, Respondent.
ORDER
HON. JOHN C. HINDERAKER UNITED STATES DISTRICT JUDGE
On September 12, 2022, Petitioner Boyd filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. Doc. 1. On November 15, 2022, the Court referred the matter to Magistrate Judge D. Thomas Ferraro for a Report and Recommendation. See Doc. 5 at 3. On December 13, 2022, Respondent Dulgov filed an answer. Doc. 12. Petitioner did not reply or move to extend the deadline. See docket generally.
Before the Court is Judge Ferraro's March 1, 2023 Report and Recommendation (R&R). Doc. 15. Judge Ferraro recommends the Court deny and dismiss the Petition (Doc. 1). Doc. 15 at 4. The R&R explains that parties may file written objections to the R&R within 14 days of service. Id. The R&R warns that failure to object could be deemed a waiver of any objection. Id. Neither party objected. See docket generally.
On March 14, 2023, a copy of the R&R mailed to Petitioner was returned "Undeliverable" due to "Transferred/Discharged - Unable to Forward." Doc. 16. The Court's Order requiring Respondent to answer the Petition warned that Petitioner "must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure." Doc. 5 at 1. The Order further warned that if "Petitioner fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this actions without further notice." Id. at 2.
I. Legal Standard
A district court reviews objected-to portions of an R&R de novo. 28 U.S.C. § 636(b)(1); see also Fed.R.Civ.P. 72(b); United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). Failure to timely object may be considered a waiver of a party's right to de novo consideration of the issues. United States v. Reyna-Tapia, 328 F.3d 1114, 112122 (9th Cir. 2003) (en banc).
II. Analysis
The Court has reviewed Judge Ferraro's R&R and finds its facts, analysis, and conclusions are without error. The Court will adopt the R&R in full. The Court also notes that even if it did not adopt the R&R, it would dismiss Petitioner's case for failure to comply with a court order.
III. Order
Accordingly, IT IS ORDERED ADOPTING the Report and Recommendation (Doc. 15).
IT IS FURTHER ORDERED DENYING the Petition (Doc. 1).
IT IS FURTHER ORDERED DISMISSING this case. The Clerk of the Court shall enter judgment accordingly.