Stinson v. Blanckensee ( 2019 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Troy Rainer Stinson, No. CV-19-00128-TUC-RCC 10 Petitioner, ORDER 11 v. 12 Barbara Blanckensee, 13 Respondent. 14 15 On October 17, 2019, Magistrate Judge Leslie A. Bowman issued a Report and 16 Recommendation (“R&R”) in which she recommended the Court dismiss Petitioner Troy 17 Rainer Stinson’s Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a 18 Person in Federal Custody (“Petition”). (Doc. 25.) The R&R notified the parties they had 19 fourteen (14) days from the date of the R&R to file any objections. No objections have 20 been filed. The Court notes that the R&R was returned as undeliverable; however, 21 Petitioner was warned that the onus was on her1 to keep her mailing address current, and 22 that a failure to do so may lead to dismissal. (Doc. 7 at 2.) 23 If neither party objects to a magistrate judge’s report and recommendation, the 24 District Court is not required to review the magistrate judge’s decision under any 25 specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the 26 statute for review of a magistrate judge’s recommendation “does not preclude further 27 review by the district judge, sua sponte or at the request of a party, under a de novo or 28 1 The court uses the feminine pronoun used by Petitioner, Respondent, and the Magistrate Judge. Stinson identifies as transgender. (Doc. 18 at 20.) ! || any other standard.” Id. at 154. 2 The Court has reviewed the Petition (Doc. 1), Respondent’s Answer (Docs. 13-14, 18), Petitioner’s Reply (Doc. 15), and Judge Bowman’s R&R (Doc. 25). The Court finds 4|| the R&R well-reasoned and agrees with Judge Bowman’s conclusions. 5 IT IS ORDERED the R&R is ADOPTED (Doc. 25) and Troy Rainer Stinson’s 6 || Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DENIED (Doc. 1). 7\| The Clerk of Court shall docket accordingly and close the case file in this matter. 8 Dated this 23rd day of December, 2019. 9 10 11 fl Dp 12 ( f Honorable Raner C. Collins 13 senior United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-