Osborn v. Bartos, et al.,

Filing 281

ORDER the Report and Recommendation (Doc. 280 ) is ADOPTED. IT IS ORDERED Defendants Unknown Parties (John Does and Jane Does) are DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Roslyn O Silver on 2/3/2012. (KMG)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Kevin A. Osborn, Plaintiff, 10 11 vs. 12 Ivan Bartos, et. al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-08-2193-PHX-ROS (JRI) ORDER 15 16 17 Pending before the Court is the Magistrate Judge’s Report and Recommendation (“R&R”). (Doc. 280). 18 A district judge “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party has 20 filed timely objections to the magistrate judge's report and recommendations, the district 21 court’s review of the part objected to is to be de novo. Id.; see also United States v. Reyna- 22 Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 23 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of 24 factual and legal issues is required if objections are made, but not otherwise.”) (internal 25 quotations and citations omitted). 26 27 28 The R&R was issued January 12, 2012. No objections being made, the Court will adopt the Report and Recommendation in full. Accordingly, 1 IT IS ORDERED the Report and Recommendation (Doc. 280) is ADOPTED. 2 IT IS ORDERED Defendants Unknown Parties (John Does and Jane Does) are 3 DISMISSED WITHOUT PREJUDICE. 4 5 DATED this 3rd day of February, 2012. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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