Handley v. Fonteno et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 1 Petition for Writ of Habeas Corpus. The Clerk of Court shall enter a final judgment. See Order for further details. Signed by Judge Sharon L. Gleason on 9/25/2024. (SCD, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
BENJAMIN ASHER HANDLEY,
Petitioner,
v.
EDWARD FONTENO, Regional
Reentry Manager, in his official
capacity, et al.

Case No. 3:23-cv-00174-SLG

Respondents.
ORDER RE REPORT AND RECOMMENDATION
Before the Court at Docket 1 is Benjamin Hadley’s Petition for Habeas
Corpus Relief from Unlawful Confinement Pursuant to 28 U.S.C. § 2241
(“Petition”). Respondents Edward Fonteno, Regional Reentry Manager at the
Bureau of Prisons (“BOP”) Seattle Residential Reentry Management office, and
Collette Peters, Director of the BOP, in their official capacities, filed a response in
opposition to the Petition at Docket 15 to which Petitioner replied at Docket 16.
The Petition was referred to the Honorable Magistrate Judge Kyle F. Reardon. At
Docket 19, Judge Reardon issued his Report and Recommendation, in which he
recommended that the Petition be dismissed. No objections to the Report and
Recommendation were filed.
The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1). That
statute provides that a district court “may accept, reject, or modify, in whole or in

part, the findings or recommendations made by the magistrate judge.” 1 A court is
to “make a de novo determination of those portions of the magistrate judge’s report
or specified proposed findings or recommendations to which objection is made.” 2
However, § 636(b)(1) does not “require district court review of a magistrate’s
factual or legal conclusions, under a de novo or any other standard, when neither
party objects to those findings.” 3
The Magistrate Judge recommended that the Court dismiss the Petition for
Habeas Corpus Relief from Unlawful Confinement Pursuant to 28 U.S.C. § 2241.
The Court has reviewed the Report and Recommendation and agrees with its
analysis. Accordingly, the Court ADOPTS the Report and Recommendation in its
entirety, and IT IS ORDERED that the Petition for Habeas Corpus Relief from
Unlawful Confinement Pursuant to 28 U.S.C. § 2241 is DISMISSED. The Clerk of
Court shall enter a final judgment accordingly.
DATED this 25th day of September 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE

1

28 U.S.C. § 636(b)(1).

2

Id.

Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003).

3

Case No. 3:23-cv-00174-SLG-KFR, Handley v. Fonteno, et al.
Order re Report and Recommendation
Page 2 of 2