Summary
The United States District Court for the Western District of New York adopts a magistrate judge’s Report and Recommendation recommending denial of Michael Caruthers’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court found no objections had been filed, denied the petition, and directed the Clerk of Court to close the case.
Holdings
- When no party objects to a magistrate judge's Report and Recommendation, 28 U.S.C. § 636 and Federal Rule of Civil Procedure 72 do not require the district court to review the recommendation before adopting it.
- The petition for a writ of habeas corpus is denied.
Questions Presented
- Whether the district court could accept and adopt the magistrate judge's Report and Recommendation without conducting de novo review when neither party filed objections.
- Whether the petition for a writ of habeas corpus should be denied for the reasons stated in the Report and Recommendation.
Disposition
dismissed
Cases Cited (1)
- Thomas v. Arn, 474 U.S. 140, 149-50 (1985)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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