Swinton v. Arpaio et al
ORDER: IT IS ORDERED adopting in whole Judge Fine's R&R and the underlying reasoning. IT IS FURTHER ORDERED granting Defendants' Motion for Sanctions (Doc. 29 ) and awarding sanctions a in the amount of $92.90 to Defendants and against Plaintiff. Signed by Judge John J Tuchi on 10/20/2016. (REK)
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Ellis Jerome Swinton,
Joseph M. Arpaio, et al.,
At issue are Defendants’ Motion for Sanctions (Doc. 29), to which Plaintiff filed
no response, and the Report and Recommendation (“R&R”) submitted by United States
Magistrate Judge Deborah M. Fine (Doc. 45), recommending that the Court grant said
Motion. Plaintiff likewise has failed to file any objection to the R&R, timely or
otherwise, and the time to do so has now elapsed. The court therefore is entitled to accept
the R&R without further review and deem Plaintiff to have waived his right to appellate
review of any findings of fact. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003); Rule 72, Fed. R. Civ. Pr. Nonetheless, the Court has conducted full
review of the R&R and the factual and legal bases for it. Upon such review, the Court
adopts in whole the R&R and the reasons underpinning it. The Court therefore will
impose a sanction of $92.90 – the cost of the court reporter charge for the canceled
deposition to which Plaintiff willfully failed to submit despite it being properly noticed.
The Court finds the sanction to be both measured and appropriate under the
circumstances, which include Plaintiff's ultimate compliance with the Court's order to sit
for a subsequently scheduled deposition.
IT IS ORDERED adopting in whole Judge Fine's R&R and the underlying
IT IS FURTHER ORDERED granting Defendants’ Motion for Sanctions
(Doc. 29) and awarding sanctions a in the amount of $92.90 to Defendants and against
Dated this 20th day of October, 2016.
Honorable John J. Tuchi
United States District Judge
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