2:25-cv-00730•Jervis v. Gunther
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
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