Opinion
CV-22-00485-TUC-JCH
02-27-2024
Leslie Grey Vanaman, Petitioner, v. Mark Gutierrez, Respondent.
ORDER
John C. Hinderaker United States District Judge
On January 25, 2024, Magistrate Judge Eric J. Markovich issued a Report and Recommendation ("R&R"), recommending that the Court deny Petitioner Leslie Grey Vanaman's petition under 28 U.S.C. § 2241 for a writ of habeas corpus by a person in federal custody. Doc. 22 The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. Id. at 14. On January 31, 2024, Petitioner requested until March 1, 2024, to file objections to the R&R. Doc. 23. On February 7, 2024, the Court granted Petitioner until February 22, 2024, to file any objection to the R&R. Doc. 24. No objections have been filed.
If no objections are filed, the district judge is not required to review the magistrate judge's R&R under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the district judge may conduct further review, "sua sponte or at the request of a party, under a de novo or any other standard." Id. at 154.
The Court has reviewed and considered the Petition (Doc. 1), Warden Gutierrez's 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.
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 disguise").
Accordingly, IT IS ORDERED:
1. ADOPTING the R&R (Doc. 22); and
2. DENYING Petitioner Vanaman's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1.) and DISMISSING this matter. The Clerk of Court shall docket this matter accordingly.