Love v. Gunther

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Donny Love,
Petitioner,
v.
Jason Gunther,
Respondent.
No. CV-25-00245-PHX-DWL
ORDER
Pending before the Court are Petitioner’s Amended Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241 (Doc. 6) and the Report and Recommendation
(“R&R”) of the United States Magistrate Judge (Doc. 20). The R&R, which was issued
on April 14, 2026, recommends that the amended petition “be either: [1] DISMISSED
WITHOUT PREJUDICE for failure to exhaust administrative remedies or; [2]
alternatively DISMISSED WITH PREJUDICE as Moot.” (Doc. 20 at 9.) The R&R further
provides that “the parties shall have fourteen (14) days from the date of service of a copy
of this recommendation within which to file specific written objections with the Court.”
(Id.)
Here, no such objections have been filed and the 14-day deadline has expired. Thus,
the Court 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
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review is required of a magistrate judge’s report and 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 the R&R’s recommended disposition (Doc. 20) is accepted,
that the Amended Petition (Doc. 6) is dismissed without prejudice, and that the Clerk of
Court shall enter judgment accordingly.
Dated this 11th day of May, 2026.
Case 2:25-cv-00245-DWL Document 21 Filed 05/11/26 Page 2 of 2