Nester #117565 v. Ryan et al

Filing 17

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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