Marcel Rivero Perez v. Supervisory Detention and Deportation Officer, Robert Guardian, and Terri Robinson

Summary

The court accepts and incorporates the magistrate judge’s Report and Recommendation recommending dismissal of Marcel Rivero Perez’s amended habeas petition and complaint challenging an ICE Form I-220B Order of Supervision and related conditions. Because no objections were filed, the court found no error and ordered that a separate judgment issue.

Holdings

1. When no party files a specific objection to a magistrate judge's Report and Recommendation, the district court may accept the recommendation without de novo or other review; the court nevertheless conducted its own review and found no error.
2. The Report and Recommendation recommending that Respondents' motion to dismiss be granted was accepted in whole and incorporated by reference.

Questions Presented

1. Whether the district court could accept the magistrate judge's Report and Recommendation without de novo review when no party filed a specific objection.
2. Whether the magistrate judge's recommendation granting Respondents' motion to dismiss should be accepted and incorporated.

Disposition

other