Frankson v. United States of America

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION, the Magistrate Judge's Report and Recommendation 12 is adopted and accepted; Defendant's Motion to Dismiss 9 and Plaintiff's Motion to Dismiss 11 are granted; this matter is dismissed with prejudice; the Clerk shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 3/31/15. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Derrick Myran Frankson,
Plaintiff,

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ORDER

v.

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No. CV-14-01060-PHX-JAT

United States of America,

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Defendant.

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Pending before the Court is the Report and Recommendation (“R&R”) from the

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Magistrate Judge, (Doc. 13), recommending that this case be dismissed. Plaintiff and

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Defendant have both filed motions to dismiss. (Doc. 9; Doc. 11).

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Neither party filed objections to the R&R. Accordingly, the Court hereby accepts

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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection” (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th

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Cir. 2003) (en banc) (“statute makes it clear that the district judge must review the

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magistrate judge’s findings and recommendations de novo if objection is made, but not

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otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219,

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1226 (D. Ariz. 2003).

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Therefore,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation,
(Doc. 12), is ADOPTED AND ACCEPTED;
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss, (Doc. 9), and
Plaintiff’s Motion to Dismiss, (Doc. 11), are GRANTED;
IT IS FURTHER ORDERED that this matter is DISMISSED WITH
PREJUDICE; the Clerk of the Court shall enter judgment accordingly.
Dated this 31st day of March, 2015.

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