Salazar v. Blanckensee

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATION: IT IS ORDERED the 1 Petition is DENIED. The Clerk of Court shall enter judgment accordingly and close the file in this case. Signed by Judge Scott H Rash on 11/18/22. (BAC)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Alfred Salazar,
Petitioner,

10
11

v.

12

Barbara von Blanckensee,

13

Respondent.

No. CV-20-00352-TUC-SHR
Order
Adopting
Recommendation

Report

&

14
15
16
17
18
19
20
21
22

On September 30, 2022, Magistrate Judge Jacqueline Rateau issued a Report and
Recommendation (“R&R”) in which she recommended the Court deny the Petition. (Doc.
17 at 16.) The R&R notified the parties they had fourteen (14) days from the date of the
R&R to file any objections. (Id.) No objections have been filed.
If neither party objects to a magistrate judge’s report and recommendation, the
District Court is not required to review the magistrate judge’s decision under any specified
standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (district court only needs to

23

review magistrate judge’s findings and recommendations de novo if objection is made).

24

However, the statute for review of a magistrate judge’s recommendation “does not preclude

25
26
27
28

further review by the district judge, sua sponte or at the request of a party, under a de novo
or any other standard.” Thomas, 474 U.S. at 154.
In this case, the deadline for filing objections was October 14, 2022. As noted, no
objections have been filed, and neither party has requested additional time to do so.

1

Therefore, the Court may adopt the R&R on that basis alone. See Schmidt v. Johnstone,

2

263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (district court declined to review the magistrate

3

judge’s report because no objections were filed). Nonetheless, the Court finds the R&R

4

well-reasoned and agrees with Judge Rateau’s conclusions. Accordingly,

5
6

IT IS ORDERED Magistrate Judge Rateau's Report and Recommendation (Doc.
17) is ADOPTED.

7

IT IS FURTHER ORDERED the Petition (Doc. 1) is DENIED.

8

IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly

9
10

and close the file in this case.
Dated this 18th day of November, 2022.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-