Gonzalez-Pena v. Lopez, et al
Filing
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ORDER The Report and Recommendation of the Magistrate Judge (Doc. 25 ) is accepted. Plaintiff's Accelerated Motion to Reopen Case (Doc. 24 ) is denied. This case must remain closed. Signed by Judge David G Campbell on 3/20/2012. (KMG)
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JWB
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Luis Arnoldo Gonzalez-Pena,
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Plaintiff,
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vs.
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Unknown Lopez, et al.,
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Defendants,
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No. CV 04-3023-PHX-DGC
ORDER
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Pending before the Court is Magistrate Judge Aspey’s Report and Recommendation
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as to Plaintiff’s Accelerated Motion to Reopen Case (Docs. 24-25). The Magistrate Judge
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recommended that Plaintiff’s motion be denied as futile. Plaintiff did not object to the
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Magistrate Judge’s recommendation.
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Because the parties did not file objections, the Court need not review any of the
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Magistrate Judge’s determinations on dispositive matters. See 28 U.S.C. § 636(b)(1); Fed.
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R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 112 (9th Cir. 2003); Thomas
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v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all
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. . . of any issue that is not the subject of an objection.”). The absence of a timely objection
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also means that error may not be assigned on appeal to any defect in the Magistrate Judge’s
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ruling on any non-dispositive matters. Fed. R. Civ. P. 72(a) (“A party may serve and file
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objections to the order within 14 days after being served with a copy [of the magistrate’s
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order]. A party may not assign as error a defect in the order not timely objected to.”);
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Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir. 1996); Philipps v. GMC, 289
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F.3d 1117, 1120-21 (9th Cir. 2002).
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Notwithstanding the absence of an objection, the Court has reviewed the R&R and
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finds that it is well taken because this action was dismissed nearly five years ago and there
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is no legally cognizable reason to reopen this case.
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IT IS THEREFORE ORDERED:
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(1) The Report and Recommendation of the Magistrate Judge (Doc. 25) is accepted.
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(2) Plaintiff’s Accelerated Motion to Reopen Case (Doc. 24) is denied.
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(3) This case must remain closed.
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DATED this 20th day of March, 2012.
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