Fultz v. McClintock

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 12 . Filipe Martinez, Warden, shall be substituted as Respondent for Susan McClintock. Petitioner's Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1) is DENIED. The Clerk of the Court shall enter judgment accordingly and close the case file in this matter. Signed by Judge Cindy K Jorgenson on 6/14/17. (See attached PDF for complete information.) (KAH)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Mario Denane Fultz, Petitioner, 10 11 ORDER v. 12 No. CV-14-02293-TUC-CKJ Filipe Martinez, Warden, 13 Respondent. 14 15 On, May 5, 2017, Magistrate Judge Bruce G. Macdonald issued a Report and 16 Recommendation (Doc. 12) in which he recommended the Petition Under 28 U.S.C. § 17 2241 for a Writ of Habeas Corpus (Doc. 1) be denied. The Report and Recommendation 18 notified the parties they had 14 days from the date of the Report and Recommendation to 19 file any objections. No objections have been filed. 20 The standard of review that is applied to a magistrate judge’s report and 21 recommendation is dependent upon whether a party files objections – the Court need not 22 review portions of a report to which a party does not object. Thomas v. Arn, 474 U.S. 23 140, 150 (1985). However, the Court must “determine de novo any part of the magistrate 24 judge’s disposition that has been properly objected to. The district judge may accept, 25 reject, or modify the recommended disposition; receive further evidence; or return the 26 matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3); see also 28 27 U.S.C. § 636(b)(1). Nonetheless, “while the statute does not require the judge to review 28 an issue de novo if no objections are filed, it does not preclude further review by the 1 district judge, sua sponte or at the request of a party, under a de novo or any other 2 standard.” Thomas, 474 U.S. at 154. 3 4 5 The Court has reviewed and considered the pending petition (Doc. 1), the response (Doc. 9), and the Report and Recommendation (Doc. 12). Accordingly, after an independent review, IT IS ORDERED: 6 1. The Report and Recommendation (Doc. 50) is ADOPTED. 7 2. Filipe Martinez, Warden, shall be substituted as Respondent for Susan McClintock 8 pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and Rule 43(c)(2) 9 of the Federal Rules of Appellate Procedure; and 10 11 12 13 14 15 3. Petitioner’s Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1) is DENIED. 4. The Clerk of the Court shall enter judgment accordingly and close the case file in this matter. Dated this 14th day of June, 2017. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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