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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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David Najimias-Nacach,1
Petitioner,
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ORDER
v.
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No. CV-14-02121-TUC-RM
Louis Winn,
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Respondent.
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Pending before the Court is a Report and Recommendation issued by Magistrate
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Judge Leslie A. Bowman (Doc. 34). In her Report and Recommendation, Judge Bowman
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recommends that this Court dismiss Petitioner’s Petition because he has received all of
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the pre-trial credit to which he is entitled. No objections were filed.
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A district judge must “make a de novo determination of those portions” of a
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magistrate judge’s “report or specified proposed findings or recommendations to which
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objection is made.” 28 U.S.C. §636(b)(1)(C). The advisory committee notes to Rule
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72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is
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filed, the court need only satisfy itself that there is no clear error on the face of the record
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in order to accept the recommendation” of a magistrate judge. See also Prior v. Ryan,
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2012 WL 1344286, *1 (D. Ariz. Apr. 8, 2012) (reviewing for clear error unobjected-to
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portions of Report and Recommendation); Johnson v. Zema Sys. Corp., 170 F.3d 734,
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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.
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739 (7th Cir. 1999) (“If no objection or only partial objection is made, the district judge
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reviews those unobjected portions for clear error.”).
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Reviewing for clear error, this Court finds no error in Judge Bowman’s thorough
and carefully reasoned Report and Recommendation. Accordingly,
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IT IS HEREBY ORDERED as follows:
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1.
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Magistrate Judge Leslie A. Bowman’s Report and Recommendation (Doc.
34) is accepted and adopted.
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Petitioner’s Second Amended Petition (Doc. 26) is denied and this action is
dismissed.
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Dated this 19th day of April, 2016.
The Clerk of Court is directed to close this case.
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Honorable Rosemary Márquez
United States District Judge
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