Parsons v. Ryan et al

Filing 32

ORDER that the Report and Recommendation of the Magistrate Judge 28 is accepted. ORDER that Plaintiff's Motion to Amend Complaint 21 is denied. ORDER that Plaintiff's Motion for Reconsideration 31 is denied. Signed by Judge Neil V Wake on 8/5/11. (TLJ)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 ) ) Plaintiff, ) v. ) ) Charles L. Ryan, Ronolfo Macabuhay,) Terry Allred, Bruce McMarron, IHS Dr.) Roe, Dr. Adu-Tutu; ) ) Defendants. ) Victor A. Parsons, No. CV-11-00075-PHX-NVW (MEA) ORDER 16 17 Pending before the Court is the Report and Recommendation (“R&R”) of 18 Magistrate Judge Aspey (Doc. 28) regarding Plaintiff’s ’s Motion to Amend Complaint 19 (Doc. 21). The R&R recommends that the motion for leave to file an amended complaint 20 be denied. The Magistrate Judge advised the parties that they had fourteen days to file 21 objections to the R&R. (R&R at 15). Plaintiff filed his objection on August 3, 2011, 22 styled as an “Objection to Report and Recommendation/Motion for Reconsideration.” 23 (Docs. 30, 31.) 24 25 26 27 28 The Court has considered the objections and reviewed the Report and Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo determination of those portions of the Report and Recommendation to which specific objections are made). The Court agrees with the 1 Magistrate Judge's determinations, accepts the recommended decision within the meaning 2 of Rule 72(b), Fed. R. Civ. P., and overrules Plaintiff's objections. See 28 U.S.C. § 3 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in 4 part, the findings or recommendations made by the magistrate”). 5 6 7 8 IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. 28) is accepted. IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend Complaint (Doc. 21) is denied. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS FURTHER ORDERED that Plaintiff’s Motion for Reconsideration (Doc. 31) is denied. DATED this 5th day of August, 2011.

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