Baptiste v. Bondi et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Petitioner Dieunette Jean Baptiste has filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 (Doc. 1). The Honorable Camille D. Bibles, United States
Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 11),
recommending that the Court grant the Petition. Judge Bibles advised the parties that they
had fourteen (14) 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. (Doc. 11 at 21)
(citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d
1114, 1121 (9th Cir. 2003)).
The parties did not file 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.
Dieunette Jean Baptiste,
Petitioner,
vs.
Pamela Bondi, et al.,
Respondents.
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No. CV-26-02586-PHX-SPL
ORDER
Case 2:26-cv-02586-SPL Document 14 Filed 06/10/26 Page 1 of 2

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The Court will adopt the R&R and grant the Petition. 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.”). Accordingly,
IT IS ORDERED:
1. That Magistrate Judge Camille D. Bibles’s Report and Recommendation
(Doc. 11) is accepted and adopted by the Court.
2. That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241
(Doc. 1) is granted. Respondents must either immediately release Petitioner or, within
seven (7) days, provide Petitioner with a bond hearing before a neutral arbiter at which
hearing the government shall bear the burden of producing clear and convincing evidence
that Petitioner would pose a flight risk or be a danger to the community if released from
detention on bond or on recognizance. If a bond hearing is held, the adjudicator must
prepare a written, explained decision, rather than checking boxes on a form, describing the
clear and convincing evidence proffered by the government that the adjudicator considered
when reaching their decision.
3. That the Clerk of Court shall enter judgment in favor of Petitioner and
terminate this action.
Dated this 10th day of June, 2026.
Honorable Steven P. Logan
United States District Judge
Case 2:26-cv-02586-SPL Document 14 Filed 06/10/26 Page 2 of 2