VazQuez v. O'Steen et al

Filing 17

ORDER that Magistrate Judge Aspey's 15 Report and Recommendation is accepted. Plaintiff's 1 Complaint is dismissed without prejudice. The Clerk of Court shall terminate this action. Signed by Judge G Murray Snow on 02/08/10. (ESL)

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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 v. O'Steen, et al.,, Defendants. Edmundo Vazquez Vazquez, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CV-09-1051-PHX-GMS ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Pending before the Court are Plaintiff's Civil Rights Complaint and United States Magistrate Judge Aspey's Report and Recommendation ("R&R"). Dkt. ## 1, 15. The R&R recommends that the Court dismiss the complaint without prejudice. Dkt. # 15 at 4. The parties did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and dismiss the Complaint without prejudice. See 28 U.S.C. 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or 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 return the matter to the magistrate judge with instructions."). IT IS ORDERED: 1. 2. 3. Magistrate Judge Aspey's R&R (Dkt. # 15) is accepted. Plaintiff's Complaint (Dkt. # 1) is dismissed without prejudice. The Clerk of Court shall terminate this action. DATED this 8th day of February, 2010. -2-

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