Crook #103045 v. Ryan et al

Filing 220

ORDER ACCEPTING 219 REPORT AND RECOMMENDATION (part of). Signed by Senior Judge James A Teilborg on 3/27/18. (EJA)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jason Marlin Crook, Plaintiff, 10 11 ORDER v. 12 No. CV-15-02610-PHX-JAT (ESW) Charles L Ryan, et al., 13 Defendants. 14 15 Pending before the Court is the Report and Recommendation1 of the Magistrate 16 Judge recommending that Defendant Cato be dismissed without prejudice as a result of 17 Plaintiff’s motion for voluntary dismissal. (Doc. 219). It appears the Clerk’s office 18 treated Plaintiff’s motion (Doc. 213) as a notice of voluntary dismissal and dismissed 19 Defendant Cato from this action on December 12, 2017. Nonetheless, the Report and 20 Recommendation (to which no party objected) remains pending before this Court.2 As a 21 result, 22 /// 23 /// 24 /// 25 /// 26 1 27 This Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). 2 28 It is “clear that the district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original). 1 2 3 IT IS ORDERED that the Report and Recommendation (part of Doc. 219) is accepted. Dated this 27th day of March, 2018. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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