Jamali v. Low et al

Filing 239

ORDER: Magistrate Judge John Z. Boyle's R&R (Doc. 237 ) is accepted. Plaintiff's Motion to Order a Property Seizure to Satisfy a Default Judgment (Doc. 206 ) and Motion to Order Judgment/Debtor to Turnover Property (Doc. 236 ) are GRANTED and Plaintiff is directed to file a proposed writ of execution for the Clerk of Courts signature. Plaintiff's Motion to Add Collection to Default judgment (Doc. 235 ) is DENIED. Signed by Judge G Murray Snow on 10/01/2015. (REK)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Imran Ahmad Jamali,
Plaintiff,

10
11
12
13

No. CV-13-01054-PHX-GMS
ORDER

v.
Stephanie Danica Low, et al.,
Defendants.

14
15

Pending before the Court are Plaintiff’s Motion to Order a Property Seizure to

16

Satisfy a Default Judgment (Doc. 206), Motion to Add Collection to Default Judgment

17

(Doc. 235), Motion to Order Judgment/Debtor Judgment against Defendant Adair (Doc.

18

236) and United States Magistrate Judge John Z. Boyle’s Report and Recommendation

19

(“R&R”) (Doc. 237). The R&R recommends that the Court grant two of the Motions

20

(Docs. 206, 236) and deny the third Motion (Doc. 235). Doc. 237 at 6. The Magistrate

21

Judge advised the parties that they had fourteen days to file objections to the R&R and

22

that failure to file timely objections could be considered a waiver of the right to obtain

23

review of the R&R. Id. at 7 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia,

24

328 F.3d 1114, 1121 (9th Cir. 2003)).

25

The parties did not file objections, which relieves the Court of its obligation to

26

review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

27

(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

28

not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

1

determine de novo any part of the magistrate judge’s disposition that has been properly

2

objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

3

taken. The Court will accept the R&R as indicated above. See 28 U.S.C. § 636(b)(1)

4

(stating that the district court “may accept, reject, or modify, in whole or in part, the

5

findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

6

district judge may accept, reject, or modify the recommended disposition; receive further

7

evidence; or return the matter to the magistrate judge with instructions.”).

8

IT IS ORDERED:

9

1.

Magistrate Judge John Z. Boyle’s R&R (Doc. 237) is accepted.

10

2.

Plaintiff’s Motion to Order a Property Seizure to Satisfy a Default

11

Judgment (Doc. 206) and Motion to Order Judgment/Debtor to Turnover Property (Doc.

12

236) are GRANTED and Plaintiff is directed to file a proposed writ of execution for the

13

Clerk of Court’s signature.

14
15
16

3.

Plaintiff’s Motion to Add Collection to Default judgment (Doc. 235) is

DENIED.
Dated this 1st day of October, 2015.

17
18
19

Honorable G. Murray Snow
United States District Judge

20
21
22
23
24
25
26
27
28

-2-