2:26-cv-00105•Michel v. Rosa et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Lake Cespedes Michel, Petitioner, v. Luis Rosa, Jr., et al., Respondents. No. CV-26-00105-PHX-DWL ORDER Pending before the Court are Petitioner’s pro se Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) and the Report and Recommendation (“R&R”) of the United States Magistrate Judge (Doc. 20). The R&R, which was issued on March 6, 2026, recommends that the petition be denied and dismissed as moot and further provides that “[t]he parties shall have 14 days from the date of service of a copy of this recommendation within which to file specific written objections with the Court.” (Doc. 20 at 5.) Here, no such objections have been filed1 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. 1 Presumably, this is because Petitioner appears to have been removed from the United States after filing the petition, as discussed in the R&R and has reflected in the most recent notice of undeliverable mail (Doc. 21). Case 2:26-cv-00105-DWL Document 23 Filed 03/25/26 Page 1 of 2
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003) (“[N]o 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 petition (Doc. 1) is denied and dismissed as moot, and that the Clerk of Court shall enter judgment accordingly. Dated this 25th day of March, 2026. Case 2:26-cv-00105-DWL Document 23 Filed 03/25/26 Page 2 of 2
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