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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jason Marlin Crook,
Plaintiff,

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ORDER

v.

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No. CV-15-02610-PHX-JAT (ESW)

Charles L Ryan, et al.,

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Defendants.

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Pending before the Court is the Report and Recommendation1 of the Magistrate

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Judge recommending that Defendant Cato be dismissed without prejudice as a result of

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Plaintiff’s motion for voluntary dismissal. (Doc. 219). It appears the Clerk’s office

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treated Plaintiff’s motion (Doc. 213) as a notice of voluntary dismissal and dismissed

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Defendant Cato from this action on December 12, 2017. Nonetheless, the Report and

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Recommendation (to which no party objected) remains pending before this Court.2 As a

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result,

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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).

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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).

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IT IS ORDERED that the Report and Recommendation (part of Doc. 219) is
accepted.
Dated this 27th day of March, 2018.

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