Yan v. Unknown Party et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Huan Yuan Yan,
Petitioner,
v.
David R Rivas, et al.,
Respondents.
No. CV-26-01749-PHX-SHD
ORDER
Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus filed
pursuant to 28 U.S.C. § 2241. The Magistrate Judge to whom this case was referred issued
a Report and Recommendation (“R&R”) recommending the Petition be denied without
prejudice and this matter be dismissed as moot. (Doc. 11.) The time for filing objections
has run, and neither party filed objections.
This Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). It is “clear that
the district judge must review the magistrate judge’s findings and recommendations de
novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d
1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 F.
Supp. 2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that
de novo review of factual and legal issues is required if objections are made, ‘but not
otherwise.’”); see also Klamath Siskiyou Wildlands Ctr. v. U.S. Bureau of Land Mgmt.,
589 F.3d 1027, 1032 (9th Cir. 2009) (the district court “must review de novo the portions
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of the [Magistrate Judge’s] recommendations to which the parties object”). District courts
are not required to conduct “any review at all . . . of any issue that is not the subject of an
objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 U.S.C.
§ 636(b)(1) (“[T]he court shall make a de novo determination of those portions of the
[report and recommendation] to which objection is made.”).
No objection having been filed,
IT IS ORDERED that the Report and Recommendation (Doc. 11) is accepted; the
Petition is DENIED without prejudice, and this matter is dismissed as moot. The Clerk of
Court shall issue judgment accordingly and close this case.
Dated this 6th day of May, 2026.
Case 2:26-cv-01749-SHD Document 15 Filed 05/06/26 Page 2 of 2