Garner v. Gutierrez

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Michael A Garner,
Petitioner,
v.
Mark Gutierrez,
Respondent.
No. CV-25-00017-TUC-RM
ORDER
On April 8, 2026, Magistrate Judge Jacqueline Rateau issued a Report and
Recommendation (Doc. 23) recommending that this Court deny the Petitioner’s § 2241
Petition (Doc. 1) and Petitioner’s Motion to Appoint Counsel (Doc. 21). No objections to
the Report and Recommendation were filed.
A district judge must “make a de novo determination of those portions” of a
magistrate judge’s “report or specified proposed findings or recommendations to which
objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 72(b)
of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is filed, the
court need only satisfy itself that there is no clear error on the face of the record in order to
accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 F.3d 734,
739 (7th Cir. 1999) (“If no objection or only partial objection is made, the district court
judge reviews those unobjected portions for clear error.”); Prior v. Ryan, CV 10-225-TUC-
RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for clear error
Case 4:25-cv-00017-RM Document 24 Filed 04/27/26 Page 1 of 2

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unobjected-to portions of Report and Recommendation).
The Court has reviewed Magistrate Judge Rateau’s Report and Recommendation,
the parties’ briefs, and the record. The Court finds no error in Magistrate Judge Rateau’s
Report and Recommendation. Accordingly,
IT IS ORDERED:
1. The Report and Recommendation (Doc. 23) is accepted and adopted in full.
2. The Petition (Doc. 1) is denied.
3. Petitioner’s Motion to Appoint Counsel (Doc. 21) is denied.
4. The Clerk of Court is directed to enter judgment in favor of Respondent and
close this case.
Dated this 27th day of April, 2026.
Case 4:25-cv-00017-RM Document 24 Filed 04/27/26 Page 2 of 2