Michel v. Rosa et al

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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

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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