Ward-Malone v. Gutierrez ( 2023 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Christopher J Ward-Malone, No. CV-22-00549-TUC-SHR 10 Petitioner, Order Accepting Report and Recommendation With No Objection 11 v. 12 M. Gutierrez, 13 Respondent. 14 15 16 On May 17, 2023, Magistrate Judge Maria S. Aguilera issued a Report and 17 Recommendation (“R&R”) in which she recommended the Court deny and dismiss 18 Petitioner Christopher J Ward-Malone’s Petition for Writ of Habeas Corpus pursuant to 28 19 U.S.C. § 2241 (“Petition”). (Doc. 16.) The R&R notified the parties they had fourteen 20 (14) days from the date of the R&R to file any objections. (Id.) No objections have been 21 filed. 22 If neither party objects to a magistrate judge’s report and recommendation, the 23 District Court is not required to review the magistrate judge’s decision under any specified 24 standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for 25 review of a magistrate judge’s recommendation “does not preclude further review by the 26 district judge, sua sponte or at the request of a party, under a de novo or any other standard.” 27 Thomas, 474 U.S. at 154. 28 The Court has reviewed the Petition (Doc. 1), the Respondent’s Answer (Doc. 13), || Petitioner’s Reply (Doc. 15), and Judge Aguilera’s R&R (Doc. 16). The Court finds the 2|| R&R well-reasoned and agrees with Judge Aguilera’s conclusion that the record shows 3 || Petitioner received due process on the charge of possessing a dangerous weapon. 4 IT IS ORDERED the R&R (Doc. 23) is ACCEPTED and Plaintiff’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) is DENIED and || DISMISSED with prejudice. 7 IT IS FURTHER ORDERED the Clerk of Court shall docket accordingly and 8 || close this case. 9 Dated this 23rd day of August, 2023. 10 11 /} Aa: hod 13 Honorable Scott H, Rash _/ United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-