Nester #117565 v. Ryan et al
Filing
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ORDER ADOPTING 15 Report and Recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED denying 10 Plaintiff's Motion for Extension of Time to Prepare His Motion for Leave to File a First Amended Complaint as a Matter of Course an d granting 11 Plaintiff's Motion for Leave of the Court to File a First Amended Complaint. Plaintiff shall file his FAC by February 26, 2016. Defendants Wexford Health Sources, Inc. and Assistant FHA Howley be dismissed. Signed by Senior Judge Stephen M McNamee on 02-09-16. (GAR)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Oscar Nester,
No. CV-15-01700-PHX-SMM
Plaintiff,
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v.
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ORDER
Charles L. Ryan, et al.,
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Defendants.
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Pending before the Court is Plaintiff’s Motion for Extension of Time to Prepare
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His Motion for Leave to File a First Amended Complaint (Doc. 10); and Plaintiff’s
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Motion for Leave of the Court to File a First Amended Complaint (“FAC”) (Doc. 11).
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Magistrate Judge Deborah M. Fine performed a screen on Plaintiff’s complaint pursuant
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to 28 U.S.C. § 1915A(a). On January 21, 2016, the Magistrate Judge filed a Report and
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Recommendation with this Court . (Doc. 15.) To date, no objections have been filed.
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STANDARD OF REVIEW
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The Court “may accept, reject, or modify, in whole or in part, the findings or
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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v.
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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the
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service of a copy of the Magistrate’s recommendation within which to file specific
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written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to
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object to a Magistrate Judge’s recommendation relieves the Court of conducting de novo
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review of the Magistrate Judge’s factual findings and waives all objections to those
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findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure
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to object to a Magistrate Judge’s conclusion “is a factor to be weighed in considering the
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propriety of finding waiver of an issue on appeal.” Id.
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DISCUSSION
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Having reviewed the Report and Recommendation of the Magistrate Judge, and no
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Objections having been made by any party thereto, the Court hereby incorporates and
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adopts the Magistrate Judge’s Report and Recommendation.
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CONCLUSION
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Accordingly, for the reasons set forth,
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IT IS HEREBY ORDERED that the Court adopts the Report and
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Recommendation of the Magistrate Judge. (Doc. 15.)
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IT IS FURTHER ORDERED that Plaintiff’s Motion for Extension of Time to
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Prepare His Motion for Leave to File a First Amended Complaint as a Matter of Course
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(Doc. 10) be denied.
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IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave of the Court to
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File a First Amended Complaint (Doc. 11) be granted, and that Plaintiff be allowed to
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file his FAC. Plaintiff shall file his FAC by February 26, 2016.
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IT IS FURTHER ORDERED that Defendants Charles Ryan and Corizon Health
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shall answer Counts I and II of the FAC, but not Count V as it is duplicative. Defendant
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Dr. Arlene McKamey shall answer Count III of the FAC, but not Count V as it is
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duplicative. Defendant Dr. Michael Hegmann shall answer Count IV of the FAC, but not
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Count V as it is duplicative. Defendants Dr. Mulhen and Kerry Byrd shall answer Count
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V of the FAC.
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IT IS FURTHER ORDERED that Defendants Wexford Health Sources, Inc.
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and Assistant FHA Howley be dismissed.
Dated this 9th day of February, 2016.
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Honorable Stephen M. McNamee
Senior United States District Judge
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