Jervis v. Gunther

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Ronald M Jervis,
Petitioner,
v.
Jason Gunther,
Respondent.
No. CV-25-00730-PHX-DLR
ORDER
Before the Court is Petitioner Ronald M. Jervis’ Petition (Doc. 1) and United States
Magistrate Judge James F. Metcalf’s Report and Recommendation (“R&R”) (Doc. 14).
The R&R recommends that the Court dismiss the petition without prejudice as unripe, or
alternatively, deny the petition. The Magistrate Judge advised the parties that they had
fourteen days to file objections to the R&R and that failure to file timely objections could
be considered a waiver of the right to obtain review of the R&R. See United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which
relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121;
Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any
review at all . . . of any issue that is not the subject of an objection.”); Fed. R. Civ. P.
72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s
disposition that has been properly objected to.”). The Court has nonetheless reviewed the
R&R and finds that it is well-taken. The Court will accept the R&R’s primary
recommendation that the petition be dismissed without prejudice as unripe. As such, the
Case 2:25-cv-00730-DLR Document 15 Filed 06/16/26 Page 1 of 2

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Court need not and does not address the R&R’s alternative recommendation on the merits.
See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.
P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition;
receive further evidence; or return the matter to the magistrate judge with instructions.”).
IT IS ORDERED that the R&R (Doc. 14) is ACCEPTED.
IT IS FURTHER ORDERED Petitioner’s petition (Doc. 1) is DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment
accordingly and terminate this case.
Dated this 16th day of June, 2026.
Douglas L. Rayes
Senior United States District Judge
Case 2:25-cv-00730-DLR Document 15 Filed 06/16/26 Page 2 of 2