Swinton v. Arpaio et al

Filing 48

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)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ellis Jerome Swinton,
Plaintiff,

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ORDER

v.

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No. CV-15-00794-PHX-JJT

Joseph M. Arpaio, et al.,

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Defendants.

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At issue are Defendants’ Motion for Sanctions (Doc. 29), to which Plaintiff filed

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no response, and the Report and Recommendation (“R&R”) submitted by United States

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Magistrate Judge Deborah M. Fine (Doc. 45), recommending that the Court grant said

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Motion. Plaintiff likewise has failed to file any objection to the R&R, timely or

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otherwise, and the time to do so has now elapsed. The court therefore is entitled to accept

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the R&R without further review and deem Plaintiff to have waived his right to appellate

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review of any findings of fact. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121

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(9th Cir. 2003); Rule 72, Fed. R. Civ. Pr. Nonetheless, the Court has conducted full

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review of the R&R and the factual and legal bases for it. Upon such review, the Court

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adopts in whole the R&R and the reasons underpinning it. The Court therefore will

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impose a sanction of $92.90 – the cost of the court reporter charge for the canceled

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deposition to which Plaintiff willfully failed to submit despite it being properly noticed.

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The Court finds the sanction to be both measured and appropriate under the

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circumstances, which include Plaintiff's ultimate compliance with the Court's order to sit

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for a subsequently scheduled deposition.

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IT IS ORDERED adopting in whole Judge Fine's R&R and the underlying
reasoning.

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IT IS FURTHER ORDERED granting Defendants’ Motion for Sanctions

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(Doc. 29) and awarding sanctions a in the amount of $92.90 to Defendants and against

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Plaintiff.

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Dated this 20th day of October, 2016.

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Honorable John J. Tuchi
United States District Judge

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