Nguyen v. Cantu et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Baoloc Tran Nguyen,
Petitioner,
v.
John Cantu, et al.,
Respondents.
No. CV-25-02902-PHX-DJH
ORDER
This matter is before the Court on Petitioner Baoloc Tran Nguyen’s (“Petitioner”)
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) and the Report
and Recommendation (“R&R”) issued by United States Magistrate Judge Eileen S. Willett
on November 6, 2025 (Doc. 12).
Judge Willett advised the parties that they had fourteen days to file objections and
that the failure to timely do so may result in the District Court’s acceptance of the Report
and Recommendation without further review. (Doc. 12 at 3). Petitioner has not filed an
objection and the time to do so has expired. Respondent has also not filed an objection.
Absent any objections, the Court is not required to review the findings and
recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (noting that
the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on
its face 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.”).
Case 2:25-cv-02902-DJH Document 13 Filed 01/07/26 Page 1 of 2

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Nonetheless, the Court has reviewed Judge Willett’s R&R and agrees with its
findings and recommendations. The Court will, therefore, accept the R&R and dismiss the
Petition. See 28 U.S.C. § 636(b)(1) (“A judge of the court may accept, reject, or modify,
in whole or in part, the findings or recommendations made by the magistrate judge.”);
Fed.R.Civ.P. 72(b)(3) (same).
Accordingly,
IT IS ORDERED that the R&R (Doc. 12) is accepted and adopted as the Order
of this Court.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2241 (Doc. 1) is denied and dismissed without prejudice.
IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action and
enter judgment accordingly.
Dated this 7th day of January, 2026.
Honorable Diane J. Humetewa
United States District Judge
Case 2:25-cv-02902-DJH Document 13 Filed 01/07/26 Page 2 of 2