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)

Download PDF
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-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?