Gibbons v. Arpaio

Filing 47

MEMORANDUM OF DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATION 46 and granting 45 Defendant's Motion to Dismiss. Plaintiff's Amended Complaint, 11 , and this action are DISMISSED without prejudice for failure to prosecute. Signed by Judge Stephen M McNamee on 3/17/09. (LSP)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ROYCE-WAYNE GIBBONS, Plaintiff, vs. JOSEPH ARPAIO, Defendant, ) ) ) ) ) ) ) ) ) ) No. CV 07-1456-PHX-SMM (JCG) MEMORANDUM OF DECISION AND ORDER

Pending before the Court is Plaintiff's Amended Complaint asserting claims against Defendants arising under 42 U.S.C. § 1983 (Doc. #11). Defendants have filed a Motion to Dismiss (Doc. #45), and Plaintiff has not responded. On February 18, 2009 Magistrate Judge Jennifer C. Guerin filed a Report and Recommendation with this Court (Doc. #46). To date, no objections have been filed. STANDARD OF REVIEW The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1)(C); see Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have ten days from the service of a copy of the Magistrate's recommendation within which to file specific written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge's recommendation relieves the Court of conducting de novo review of the Magistrate Judge's factual findings and waives all objections to those findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge's conclusion "is

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

a factor to be weighed in considering the propriety of finding waiver of an issue on appeal." Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). DISCUSSION Having reviewed the Report and Recommendation of the Magistrate Judge, and no Objections having been made by any party thereto, the Court hereby incorporates and adopts the Magistrate Judge's Report and Recommendation. CONCLUSION For the reasons set forth, IT IS ORDERED that the Court ADOPTS the Report and Recommendation of the Magistrate Judge (Doc. #46). IT IS FURTHER ORDERED GRANTING Defendant's Motion to Dismiss (Doc. #45). IT IS FURTHER ORDERED that Plaintiff's Amended Complaint (Doc. #11) and this action are DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. DATED this 17th day of March, 2009.

-2-