Khalafala-Khalafala v. United States of America et al

Filing 7

ORDER the Report and Recommendation (Doc. 5 ) is ADOPTED. IT IS FURTHER ORDERED pursuant to Rule 41(b), Federal Rules of Civil Procedure, the Clerk of the Court shall dismiss this action without prejudice. Signed by Chief Judge Roslyn O Silver on 1/7/2013. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Mohammed Khalafala-Khalafala,
Plaintiff,

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vs.

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United States of America,
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Defendant.
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No. CV-12-01683-PHX-ROS
ORDER

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On December 7, 2012, United States Magistrate Judge Mark Aspey issued a Report

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and Recommendation.

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(Doc. 5).

Plaintiff has not objected to the Report and

Recommendation.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party has

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filed timely objections to the magistrate judge's report and recommendations, the district

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court's review of the part objected to is to be de novo. Id.; see also United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d

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1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo

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review of factual and legal issues is required if objections are made, but not otherwise.”)

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(internal quotations and citations omitted).
No objections being made, the Court will adopt the Report and Recommendation in

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full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 5) is ADOPTED.

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IT IS FURTHER ORDERED pursuant to Rule 41(b), Federal Rules of Civil

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Procedure, the Clerk of the Court shall dismiss this action without prejudice.
DATED this 7th day of January, 2013.

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