Jones v. Unknown Party

Full title: Cordell Glen Jones, Petitioner, v. Unknown Party, Respondent.

Court: United States District Court, District of Arizona

Date published: Oct 25, 2024

No. CV-23-02182-PHX-JAT (D. Ariz. Oct. 25, 2024)

Opinion

CV-23-02182-PHX-JAT

10-25-2024

Cordell Glen Jones, Petitioner, v. Unknown Party, Respondent.

ORDER

Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241. The Magistrate Judge to whom this case was assigned issued a Report and Recommendation (“R&R”) recommending that the Petition be dismissed without prejudice. (Doc. 13). Neither party has objected to the R&R and the time for filing objections has run.

This Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). It is “clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, ‘but not otherwise.'”); Klamath Siskiyou Wildlands Ctr. v. U.S. Bureau of Land Mgmt., 589 F.3d 1027, 1032 (9th Cir. 200S9) (the district court “must review de novo the portions of the [Magistrate Judge's] recommendations to which the parties object.”). District courts are not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 U.S.C. § 636(b)(1) (“the court shall make a de novo determination of those portions of the [report and recommendation] to which objection is made.”).

There being no objections, IT IS ORDERED that the R&R (Doc. 13) is accepted.

IT IS FURTHER ORDERED that the Petition in this case is dismissed, without prejudice, and the Clerk of the Court shall enter judgment accordingly.

IT IS FINALLY ORDERED that the Clerk of the Court shall sent a copy of this Order and the Judgment to Petitioner at the address listed in the docket and the address listed in the R&R. (Doc. 13 at 7).