Fulcher #345782 v. Thornell et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jesse Scott Fulcher,
Petitioner,
v.
Ryan Thornell, et al.,
Respondents.
No. CV-25-08142-PCT-JAT
ORDER
Petitioner filed a Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. §
2254, (Doc. 1 at 1), and Magistrate Judge Bachus issued a Report and Recommendation
(“R&R”) recommending the petition be denied and dismissed with prejudice, (Doc. 15 at
22). Petitioner objected to the R&R and Defendants filed a response to his objections.
(Docs. 18, 20). Petitioner now moves for a 45-day extension to “prepare a meaningful
Reply” to Defendants’ Response. (Doc. 21).
Although Federal Rule of Civil Procedure 72(b)(2) expressly authorizes parties to
file objections to a magistrate judge’s R&R and to respond to another party’s objections,
the rule does not authorize parties to reply. Fed. R. Civ. P. 72 (b)(2). Because neither the
Federal Rules of Civil Procedure nor this Court’s Local Rules entitle a party to file a reply
in support of R&R objections, the Court will deny Petitioner’s request. Ventana Med. Sys.,
Inc. v. St. Paul Fire & Marine Ins. Co., 709 F. Supp. 2d 744, 747 (D. Ariz. 2010), aff’d,
454 Fed. Appx. 596 (9th Cir. 2011) (noting that Rule 72(b)(2) “does not provide for a
reply”); Baca v. Thornell, CV-23-01789-PHX-DJH, 2025 WL 26705, at *2 (D. Ariz. Jan.
Case 3:25-cv-08142-JAT Document 22 Filed 04/22/26 Page 1 of 2

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3, 2025) (“[n]either the Rules of Civil Procedure nor this Court’s Local Rules” permit
replies in support of objections to an R&R); Cassise v. Brnovich, CV-20-00633-PHX-
MTL, 2020 WL 5544427, at *1 (D. Ariz. Sept. 16, 2020) (“Because Petitioner was not
permitted to file a reply, the Court will not consider it.”).
Accordingly,
IT IS ORDERED that Petitioner’s Motion for Extension of Deadline to File a
Reply (Doc. 21) is denied.
Dated this 22nd day of April, 2026.
Case 3:25-cv-08142-JAT Document 22 Filed 04/22/26 Page 2 of 2