Godoy v. Gunther

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Paul Godoy,
Petitioner,
v.
Jason Gunther,
Respondent.
No. CV-25-01203-PHX-JJT
ORDER
At issue is the Report and Recommendation (Doc. 12, “R&R”) entered by United
States Magistrate Judge Eileen S. Willett recommending that the Court dismiss, without
prejudice, Mr. Godoy’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241
(Doc. 1). In the R&R, Judge Willett advised the parties they had fourteen days from the
date of service of a copy of the R&R “within which to file specific written objections to
the Court,” and that “[f]ailure to timely file objections to [the R&R] may may result in the
acceptance of [the R&R] by the District Court without further review,” as provided in
United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). (Doc. 12 at 5.) It has
been 34 days since entry of the R&R and no party has filed any objection. The District
Court is thus free to accept the R&R and its analysis without further review. It nonetheless
reviews the issues raised in the Petition on the merits. Upon doing so, it concludes, for the
reasons set forth in the R&R, that Judge Willett is correct and it will deny and dismiss
without prejudice the Petition.
Case 2:25-cv-01203-JJT Document 14 Filed 12/08/25 Page 1 of 2

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As Judge Willett found in the R&R, Petitioner is not yet eligible for application of
any earned time credits and therefore the Petition is not ripe. (R&R at 4.) And without
ripeness, there is not yet a case or controversy before the Court, which then lacks
jurisdiction over the matter.
IT IS THEREFORE ORDERED adopting in whole the R&R entered by Judge
Willett (Doc. 12), including its reasoning.
IT IS FURTHER ORDERED dismissing, without prejudice. the Petition for Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) as unripe. Should Petitioner’s
claim ripen and the Bureau of Prisons not act to apply any earned time credits such that he
would immediately be eligible for release upon application of such credits, he may file a
new Petition in a new matter.
IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment
accordingly and close this matter.
Dated this 8th day of December, 2025.
Honorable John J. Tuchi
United States District Judge
Case 2:25-cv-01203-JJT Document 14 Filed 12/08/25 Page 2 of 2