Opinion
CV-22-00350-TUC-SHR
08-21-2023
Rickie Lynn Rarey, Petitioner, v. Unknown Gutierrez, Respondent.
ORDER ADOPTING R&R
HONORABLE SCOTT H. RASH, UNITED STATES DISTRICT JUDGE
On July 19, 2023, Magistrate Judge Jacqueline M. Rateau issued a Report and Recommendation (“R&R”) in which she recommended the Court deny the 28 U.S.C. § 2241 Petition because “the district court lacks jurisdiction to consider the Petition under Jones v. Hendrix as well as case law preceding Jones v. Hendrix.” (Doc. 27.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. (Id. at 21.) No objections have been filed.
If neither party objects to a magistrate judge's report and recommendation, the District Court is not required to review the magistrate judge's decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (district court only needs to review magistrate judge's findings and recommendations de novo if objection is made). However, the statute for review of a magistrate judge's recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Thomas, 474 U.S. at 154.
In this case, the deadline for filing objections was August 2, 2023. As noted, no objections have been filed, and neither party has requested additional time to do so. Therefore, the Court may adopt the R&R on that basis alone. See Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003) (district court declined to review the magistrate judge's report because no objections were filed). Nonetheless, the Court finds the R&R well-reasoned and agrees with Judge Rateau's conclusions. Accordingly, IT IS ORDERED Magistrate Judge Rateau's Report and Recommendation (Doc. 27) is ADOPTED.
IT IS FURTHER ORDERED the Petition (Doc. 1) is DENIED.
IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly and close the file in this case.