Andrew Settles v. B. Hudson, Warden

Summary

The United States District Court for the District of Arizona adopted a magistrate judge's Report and Recommendation after no objections were filed. The court denied Andrew Settles's 28 U.S.C. § 2241 petition, dismissed the case with prejudice, and directed the Clerk to enter judgment and close the case.

Holdings

1. When no objections or new evidence are filed within the applicable period, the district court may review the Report and Recommendation for clear error and adopt it when the recommendations are not clearly erroneous.
2. The § 2241 petition is denied, and the action is dismissed with prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no timely objections were filed and the recommendation was not clearly erroneous.
2. Whether the § 2241 petition should be denied and the case dismissed with prejudice.

Disposition

dismissed