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White v. Gutierrez

United States District Court, District of Arizona
Jul 3, 2024
No. CV-23-00180-TUC-JCH (D. Ariz. Jul. 3, 2024)

Opinion

CV-23-00180-TUC-JCH

07-03-2024

Christopher G White, Petitioner, v. M. Gutierrez, Respondent.


ORDER

John C. Hinderaker,United States District Judge

Before the Court is Magistrate Judge Eric J. Markovich's Report and Recommendation ("R&R") (Doc. 18). Judge Markovich recommends denying Petitioner's § 2241 Petition. See id. at 15. No objections to the R&R were filed. See generally docket.

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, 1121-22 (9th Cir. 2003) (en banc). The advisory committee's notes to Rule 72(b) of the Federal Rules of Civil Procedure state that, "[w]hen no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation" of a magistrate judge. Fed.R.Civ.P. 72(b) advisory committee's note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

After independent review, the Court is satisfied that Judge Markovich's recommendation is sound. The Court will adopt the R&R in full.

Accordingly, IT IS ORDERED ADOPTING IN FULL the R&R (Doc. 18).

IT IS FURTHER ORDERED DENYING the Petition (Doc. 1). The Clerk of the Court shall enter judgment accordingly and close this case.


Summaries of

White v. Gutierrez

United States District Court, District of Arizona
Jul 3, 2024
No. CV-23-00180-TUC-JCH (D. Ariz. Jul. 3, 2024)
Case details for

White v. Gutierrez

Case Details

Full title:Christopher G White, Petitioner, v. M. Gutierrez, Respondent.

Court:United States District Court, District of Arizona

Date published: Jul 3, 2024

Citations

No. CV-23-00180-TUC-JCH (D. Ariz. Jul. 3, 2024)