Fuller v. Hetsner

Filing 15

ORDER: The R&R (Doc. 13 ) is accepted and adopted as the Order of this Court. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1 ) is denied and dismissed as moot. The Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 5/9/2024. (KJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Robert David Fuller,
Petitioner,

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v.

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Russell Hetsner,

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No. CV-23-01981-PHX-DJH
ORDER

Respondent.

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This matter is before the Court on Petitioner Robert Fuller’s (“Petitioner”) Petition

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for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) and the Report and

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Recommendation (“R&R”) (Doc. 13) issued by United States Magistrate Judge Camille

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D. Bibles on April 18, 2024.

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Judge Bibles advised the parties that they had fourteen days to file objections and

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that the failure to timely do so may result in the District Court’s acceptance of the Report

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and Recommendation without further review. (Doc. 13 at 6) (citing United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Petitioner has not filed an

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objection and the time to do so has expired. Respondent has also not filed an objection.

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Absent any objections, the Court is not required to review the findings and

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recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (noting that

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the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on

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its face require any review at all . . . of any issue that is not the subject of an objection”);

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Reyna-Tapia, 328 F.3d at 1121 (same); Fed.R.Civ.P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”).

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Nonetheless, the Court has reviewed Judge Bibles’s well-reasoned R&R and

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agrees with its findings and recommendations. The Court will, therefore, accept the R&R

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and dismiss the Petition. See 28 U.S.C. § 636(b)(1) (“A judge of the court may accept,

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reject, or modify, in whole or in part, the findings or recommendations made by the

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magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).

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Accordingly,

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IT IS ORDERED that the R&R (Doc. 13) is accepted and adopted as the Order

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of this Court.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 (Doc. 1) is denied and dismissed as moot.
IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action
and enter judgment accordingly.
Dated this 9th day of May, 2024.

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Honorable Diane J. Humetewa
United States District Judge

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