Shaltapour v. Cantu et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Sarkis Shaltapour,
Petitioner,
v.
John Cantu, et al.,
Respondents.
No. CV-25-03995-PHX-DWL
ORDER
Petitioner filed this action under 28 U.S.C. § 2241 challenging his immigration
detention. (Doc. 1.) On December 18, 2023, Magistrate Judge Bibles issued a Report and
Recommendation (“R&R”) recommending “that the petition . . . be granted, and that
Respondents be ordered to release [Petitioner] immediately, and that Respondents be
required to docket a notice of compliance with any order issued by the Court.” (Doc. 15
at 7.) The R&R further provided that “any objections to the [R&R] be filed no later than
December 23, 2025.” (Id.) That deadline has expired and no objections have been filed,
presumably because Respondents conceded in their response to the petition that they “do
not oppose Petitioner’s request for release at this time.” (Doc. 13.)
The Court thus adopts the R&R. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50
(1985) (“It does not appear that Congress intended to require district court review of a
magistrate’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226
(D. Ariz. 2003) (“[N]o review is required of a magistrate judge’s report and
Case 2:25-cv-03995-DWL Document 16 Filed 12/24/25 Page 1 of 2

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recommendation unless objections are filed.”). See also United States v. Reyna-Tapia, 328
F.3d 1114, 1121 (9th Cir. 2003) (“[T]he district judge must review the magistrate judge’s
findings and recommendations de novo if objection is made, but not otherwise.”).
Accordingly,
IT IS ORDERED that:
1. The R&R’s recommended disposition (Doc. 15) is accepted.
2. The petition (Doc. 1) is granted.
3. Respondents shall release Petitioner immediately and then file a notice of
compliance on the docket.
4. The Clerk shall enter judgment accordingly and terminate this action.
Dated this 24th day of December, 2025.
Case 2:25-cv-03995-DWL Document 16 Filed 12/24/25 Page 2 of 2