Hernandez v. Stone et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION, Magistrate Judge Aspey's 9 Report and Recommendation is accepted; Plaintiff's Complaint 1 is dismissed without prejudice; the Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 3/9/15. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Armando Hernandez,
Plaintiff,

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ORDER

v.

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No. CV-14-01590-PHX-DLR

Lonnie G. Stone, et al.,

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Defendants.

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Pending before the Court is United States Magistrate Judge Mark E. Aspey’s

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Report and Recommendation (“R&R”). (Doc. 9.) The R&R recommends that the Court

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dismiss the action without prejudice for failure to prosecute.

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

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

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obtain review of the R&R. (Id. at 6 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-

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

(Doc. 9 at 6.)

The

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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 dismiss the action. 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 that Magistrate Judge Aspey’s R&R (Doc. 9) is accepted.

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IT IS FURTHER ORDERED that Plaintiff’s Complaint (Doc. 1) is dismissed

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without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action.
Dated this 9th day of March, 2015.

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Douglas L. Rayes
United States District Judge

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