Sheets #096194 v. Corizon Health Incorporated et al

Filing 25

ORDER ADOPTING 20 Magistrate Judge Metcalf's Report and Recommendation. Plaintiff's Civil Rights Complaint (Doc. 1 ) against Defendant Pratt is dismissed without prejudice. The Clerk shall terminate Defendant Pratt from this action. Signed by Judge G Murray Snow on 11/17/15. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Darrell Sheets,

No. CV-15-00499-PHX-GMS
Plaintiff,

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v.

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ORDER

Corizon Health Incorporated, et al.,

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Defendants.

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Pending before the Court are Plaintiff’s Civil Rights Complaint and United States

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Magistrate Judge James F. Metcalf’s Report and Recommendation (“R&R”). Docs. 1,

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20. The R&R recommends that the Court dismiss the Complaint without prejudice. Doc.

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20 at 3. The Magistrate Judge advised the parties that they had fourteen days to file

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

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waiver of the right to obtain review of the R&R. Id. at 3 (citing Fed. R. Civ. P. 72;

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United States v. 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 dismiss the Complaint without prejudice. See

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28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in

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whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.

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P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended

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disposition; receive further evidence; or return the matter to the magistrate judge with

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instructions.”).

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IT IS ORDERED:

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1.

Magistrate Judge Metcalf’s R&R (Doc. 20) is accepted.

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2.

Plaintiff’s Civil Rights Complaint (Doc. 1) against Defendant Pratt

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dismissed without prejudice.

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3.

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Dated this 17th day of November, 2015.

The Clerk of Court shall terminate Defendant Pratt from this action.

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Honorable G. Murray Snow
United States District Judge

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