Summary
The United States District Court for the District of Arizona adopts a magistrate judge’s Report and Recommendation concerning a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court denies and dismisses the petition as moot, apparently because the petitioner was removed from the United States, and directs the Clerk to enter judgment.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when no objections were filed.
- Whether the § 2241 petition should be denied and dismissed as moot.
Holdings
- When no party objects to a magistrate judge's findings and recommendations within the prescribed period, the district court is not required to conduct de novo review and may adopt the Report and Recommendation.
- The petition was denied and dismissed as moot.
Key quotations
“It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects.” (at 1)
“IT IS ORDERED that the R&R’s recommended disposition (Doc. 20) is accepted, that the petition (Doc. 1) is denied and dismissed as moot, and that the Clerk of Court shall enter judgment accordingly.” (at 2)
Factual background
Petitioner filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court noted that Petitioner appeared to have been removed from the United States after filing the petition, and the R&R recommended dismissal as moot.
Procedural history
Petitioner filed a § 2241 habeas petition. The magistrate judge issued an R&R on March 6, 2026, recommending that the petition be denied and dismissed as moot. After no objections were filed, the district court adopted the R&R, denied and dismissed the petition as moot, and directed the Clerk to enter judgment.