Bologna v. Baird

Filing 16

ORDER - IT IS ORDERED that the 9 Report and Recommendation of the Magistrate Judge is accepted. FURTHER ORDERED that the Amended Complaint (doc. 7 ) is dismissed without prejudice. This action will proceed on the Complaint (doc. 1 ). Signed by Judge Neil V Wake on 11/22/10. (SAT)

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Bologna v. Baird Doc. 16 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 vs. James Baird, Defendant. Kelly Bologna, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CV10-1017-PHX-NVW-MEA ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Pending before the Court is the Report and Recommendation ("R&R") of Magistrate Judge Aspey (doc. 9) regarding Plaintiff's Amended Complaint (doc. 7). The R&R recommends that the Amended Complaint be dismissed without prejudice. Because the parties did not file objections, the court need not review any of the Magistrate Judge's determinations on dispositive matters. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); 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."). Notwithstanding the absence of an objection, the court has reviewed the R&R and finds that it is well taken. The court will accept the R&R and dismiss the action. 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"). Dockets.Justia.com 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 IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate Judge (doc. #9) is accepted. IT IS FURTHER ORDERED that the Amended Complaint (doc. 7) is dismissed without prejudice. This action will proceed on the Complaint (doc. 1). DATED this 22nd day of November, 2010. -2-

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