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 Thomas Horton’s 28 U.S.C. § 2241 petition, dismissed the case with prejudice, and directed the Clerk to enter judgment and close the file.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when no objections or new evidence were timely filed.
- Whether the § 2241 petition should be denied and the case dismissed with prejudice.
Holdings
- When no objections are filed within the applicable period, the district court may review the magistrate judge's recommendations for clear error and adopt recommendations that are not clearly erroneous.
- The § 2241 petition is denied, and the case is dismissed with prejudice.
Factual background
The opinion contains no substantive facts underlying Horton's habeas petition. The court's order addresses only the absence of objections to the magistrate judge's Report and Recommendation and the resulting disposition of the § 2241 petition.
Procedural history
United States Magistrate Judge Markovich issued a Report and Recommendation. After determining that no objections had been filed and that the time for objections had expired, the district court reviewed the recommendation for clear error, adopted it, denied the § 2241 petition, dismissed the case with prejudice, and directed the Clerk to enter judgment and close the file.