Bradley v. Heisner

Filing 23

ORDER that the Report and Recommendation 22 is accepted. The Petition for Writ of Habeas Corpus 1 is dismissed with prejudice. The Clerk of Court shall enter judgment accordingly and close this case. Signed by Judge Michael T Liburdi on 6/04/2024. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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John Bradley,

No. CV-23-01195-PHX-MTL
Petitioner,

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v.

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Unknown Party, et al.,

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ORDER

Respondents.

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Before the Court is the Report and Recommendation of Magistrate Judge Camille

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D. Bibles (“R & R”) (Doc. 22) recommending that the Petition for Writ of Habeas Corpus

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(Doc. 1) be denied. Petitioner has not filed any objections to the R & R. The deadline to do

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so passed fourteen days following service of the R & R, which was mailed to Petitioner on

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March 4, 2024.

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In reviewing an R & R, the Court “may accept, reject, or modify, in whole or in part,

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the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).

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“[T]he district judge must review the magistrate judge's finding and recommendations de

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novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003) (en banc) (emphasis in original); see Thomas v. Arn, 474 U.S. 140,

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149 (1985) (finding that the District Court need not conduct “any review at all . . . of any

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issue that is not the subject of an objection”). No objections having been received, the Court

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will accept and adopt the R & R in its entirety.

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...

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Accordingly,

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IT IS ORDERED that the Report and Recommendation (Doc. 22) is accepted.

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IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc.

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1) is dismissed with prejudice.
IT IS FINALLY ORDERED that the Clerk of Court shall enter judgment
accordingly and close this case.
Dated this 4th day of June, 2024.

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