Dean v. Allred et al

Filing 118

ORDER Magistrate Judge Aspey's R&R (Doc. 100 ) is accepted. Plaintiff's Motion to Join Additional Parties (Doc. 97 ) is denied. Signed by Judge G Murray Snow on 6/17/2014. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Donald Dean,

No. CV-13-01202-PHX-GMS
Plaintiff,

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v.

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ORDER

Terry Allred, et al.,

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Defendants.

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Pending before the Court are Plaintiff’s Motion to Join Additional Parties and

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United States Magistrate Judge Mark E. Aspey’s Report and Recommendation (“R&R”).

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Docs. 97, 100. The R&R recommends that the Court deny the Motion. Doc. 100 at 5.

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The Magistrate Judge advised the parties that they had fourteen days to file objections to

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the R&R and that failure to file timely objections could be considered a waiver of the

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right to obtain review of the R&R. Id. at 5 (citing Fed. R. Civ. P. 72(b); United States v.

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

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

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

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

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

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

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

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taken. The Court will accept the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1)

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

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

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

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

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IT IS ORDERED:

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Magistrate Judge Aspey’s R&R (Doc. 100) is accepted.

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2.

Plaintiff’s Motion to Join Additional Parties (Doc. 97) is denied.

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Dated this 17th day of June, 2014.

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