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Stinson v. Blanckensee, CV-19-00128-TUC-RCC. (2019)

Court: District Court, D. Arizona Number: infdco20191227678 Visitors: 6
Filed: Dec. 23, 2019
Latest Update: Dec. 23, 2019
Summary: ORDER RANER C. COLLINS , District Judge . On October 17, 2019, Magistrate Judge Leslie A. Bowman issued a Report and Recommendation ("R&R") in which she recommended the Court dismiss Petitioner Troy Rainer Stinson's Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody ("Petition"). (Doc. 25.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. No objections have been filed. The Court notes that the R
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ORDER

On October 17, 2019, Magistrate Judge Leslie A. Bowman issued a Report and Recommendation ("R&R") in which she recommended the Court dismiss Petitioner Troy Rainer Stinson's Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody ("Petition"). (Doc. 25.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. No objections have been filed. The Court notes that the R&R was returned as undeliverable; however, Petitioner was warned that the onus was on her1 to keep her mailing address current, and that a failure to do so may lead to dismissal. (Doc. 7 at 2.)

If neither party objects to a magistrate judge's report and recommendation, the District Court is not required to review the magistrate judge's decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a magistrate judge's recommendation "does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard." Id. at 154.

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 the R&R well-reasoned and agrees with Judge Bowman's conclusions.

IT IS ORDERED the R&R is ADOPTED (Doc. 25) and Troy Rainer Stinson's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DENIED (Doc. 1). The Clerk of Court shall docket accordingly and close the case file in this matter.

FootNotes


1. The court uses the feminine pronoun used by Petitioner, Respondent, and the Magistrate Judge. Stinson identifies as transgender. (Doc. 18 at 20.)
Source:  Leagle

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