Sadler v. Baltazar ( 2019 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Justin Sadler, No. CV-18-00485-TUC-RCC 10 Petitioner, ORDER 11 v. 12 Juan Baltazar, 13 Respondent. 14 15 On August 23, 2019, Magistrate Judge Leslie A. Bowman issued a Report and 16 Recommendation in which she recommended the Court dismiss Justin Sadler’s Petition 17 Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody 18 (Doc. 1). (Doc. 13.) The R&R notified the parties they had fourteen (14) days from the 19 date of the R&R to file objections. No objections have been filed. 20 If neither party objects to a magistrate judge’s report and recommendation, the 21 District Court is not required to review the magistrate judge’s decision under any 22 specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the 23 statute for review of a magistrate judge’s recommendation “does not preclude further 24 review by the district judge, sua sponte or at the request of a party, under a de novo or 25 any other standard.” Id. at 154. 26 Petitioner asserts that the Bureau of Prisons improperly calculated his sentence. 27 The Court has reviewed the filings and Judge Bowman’s Report and Recommendation 28 and finds that the Magistrate Judge’s determination is correct–the Bureau of Prisons properly calculated Petitioner’s remaining sentence. 2 Accordingly, IT IS ORDERED: 3 1. Magistrate Judge Leslie A. Bowman’s Report and Recommendation is 4 ADOPTED. (Doc. 13.) 5 2. Petitioner Justin Sadler’s Petition Under 28 U.S.C. § 2241 for a Writ of Habeas 6 Corpus by a Person in Federal Custody is DENIED. (Doc. 1.) 7 3. The Clerk of Court shall docket accordingly and close the case file in this matter. 8 Dated this 16th day of September, 2019. 9 10 ll fl Dp 12 ] KW Cabl.— Honorable Raner ©. Collins 13 merior United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-