Evgenii Ivanov v. David R. Rivas, et al.

Summary

The United States District Court for the District of Arizona adopts a magistrate judge’s Report and Recommendation concerning Evgenii Ivanov’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court denies and dismisses the petition without prejudice and grants leave to amend within 30 days. The order also directs the Clerk to mail the petitioner the court-approved § 2241 petition form and includes that form and its filing instructions.

Holdings

1. When no objection is filed, the district court is not required to conduct de novo review of the magistrate judge's findings and recommendations.
2. The Report and Recommendation was accepted, and the Petition was denied and dismissed without prejudice, with leave to amend within thirty days.

Questions Presented

1. What standard of review applies to a magistrate judge's Report and Recommendation when no party files objections?
2. Whether the Report and Recommendation should be accepted and the § 2241 Petition denied and dismissed without prejudice with leave to amend.

Disposition

dismissed