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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Darrell Sheets, No. CV-15-00499-PHX-GMS Plaintiff, 10 11 v. 12 ORDER Corizon Health Incorporated, et al., 13 Defendants. 14 15 Pending before the Court are Plaintiff’s Civil Rights Complaint and United States 16 Magistrate Judge James F. Metcalf’s Report and Recommendation (“R&R”). Docs. 1, 17 20. The R&R recommends that the Court dismiss the Complaint without prejudice. Doc. 18 20 at 3. The Magistrate Judge advised the parties that they had fourteen days to file 19 objections to the R&R and that failure to file timely objections could be considered a 20 waiver of the right to obtain review of the R&R. Id. at 3 (citing Fed. R. Civ. P. 72; 21 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 22 The parties did not file objections, which relieves the Court of its obligation to 23 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 24 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 25 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 26 determine de novo any part of the magistrate judge’s disposition that has been properly 27 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 28 taken. The Court will accept the R&R and dismiss the Complaint without prejudice. See 1 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in 2 whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. 3 P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended 4 disposition; receive further evidence; or return the matter to the magistrate judge with 5 instructions.”). 6 IT IS ORDERED: 7 1. Magistrate Judge Metcalf’s R&R (Doc. 20) is accepted. 8 2. Plaintiff’s Civil Rights Complaint (Doc. 1) against Defendant Pratt 9 dismissed without prejudice. 10 3. 11 Dated this 17th day of November, 2015. The Clerk of Court shall terminate Defendant Pratt from this action. 12 13 14 Honorable G. Murray Snow United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?