Najimias-Nacach v. USA

Filing 36

ORDER ACCEPTING & ADOPTING REPORT AND RECOMMENDATION re: 34 Report and Recommendation. Petitioner's Second Amended Petition is denied and this action is dismissed. The Clerk of Court is directed to close this case. Signed by Judge Rosemary Marquez on 4/19/2016. (BAR)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

David Najimias-Nacach,1
Petitioner,

10
11

ORDER

v.

12

No. CV-14-02121-TUC-RM

Louis Winn,

13

Respondent.

14
15

Pending before the Court is a Report and Recommendation issued by Magistrate

16

Judge Leslie A. Bowman (Doc. 34). In her Report and Recommendation, Judge Bowman

17

recommends that this Court dismiss Petitioner’s Petition because he has received all of

18

the pre-trial credit to which he is entitled. No objections were filed.

19

A district judge must “make a de novo determination of those portions” of a

20

magistrate judge’s “report or specified proposed findings or recommendations to which

21

objection is made.” 28 U.S.C. §636(b)(1)(C). The advisory committee notes to Rule

22

72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is

23

filed, the court need only satisfy itself that there is no clear error on the face of the record

24

in order to accept the recommendation” of a magistrate judge. See also Prior v. Ryan,

25

2012 WL 1344286, *1 (D. Ariz. Apr. 8, 2012) (reviewing for clear error unobjected-to

26

portions of Report and Recommendation); Johnson v. Zema Sys. Corp., 170 F.3d 734,

27
28

1

Petitioner is also known as “David Herrera-Roman.” The Court uses the name
“David Najimias-Nacach” because that is the name listed on the docket.

1

739 (7th Cir. 1999) (“If no objection or only partial objection is made, the district judge

2

reviews those unobjected portions for clear error.”).

3
4

Reviewing for clear error, this Court finds no error in Judge Bowman’s thorough
and carefully reasoned Report and Recommendation. Accordingly,

5

IT IS HEREBY ORDERED as follows:

6

1.

7
8
9

Magistrate Judge Leslie A. Bowman’s Report and Recommendation (Doc.

34) is accepted and adopted.
2.

Petitioner’s Second Amended Petition (Doc. 26) is denied and this action is

dismissed.

10

3.

11

Dated this 19th day of April, 2016.

The Clerk of Court is directed to close this case.

12
13
14

Honorable Rosemary Márquez
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-