North Shore Bank FSB v. Keuck
ORDER ACCEPTING REPORT AND RECOMMENDATION 16 . Plaintiff's Motion for Judgment on Garnishment (Doc. 13 ) is granted. The Clerk of Court is directed to enter judgment in favor of Judgment Creditor North Shore Bank, FSB, and against Garnishee J PMorgan Chase Bank, N.A. ("Garnishee") in the amount of $2,229.50 as being held by Garnishee from the account of Darrell Keuck. The Clerk of Court is directed to terminate this action. Signed by Judge G Murray Snow on 10/26/15. (LAD)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
North Shore Bank FSB,
JPMorgan Chase Bank NA,
Pending before the Court are Plaintiff’s Motion for Judgment on Garnishment and
United States Magistrate Judge John Boyle’s Report and Recommendation (“R&R”).
Docs. 13, 16. The R&R recommends that the Court grant judgment on garnishment
Doc. 13 at 4. The Magistrate Judge advised the parties that they had fourteen days to file
objections to the R&R and that failure to file timely objections could be considered a
waiver of the right to obtain review of the R&R. Id. at 4 (citing 28 U.S.C. ¶ 636(b)(1);
Fed. R. Civ. P. 6(a), 6(b) and 72).
The parties did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
taken. The Court will accept the R&R and grant judgment on garnishment. See 28
U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole
or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P.
72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition;
receive further evidence; or return the matter to the magistrate judge with instructions.”).
IT IS ORDERED:
Magistrate Judge Boyle’s R&R (Doc. 13) is accepted.
Plaintiff’s Motion for Judgment on Garnishment (Doc. 13) is granted.
The Clerk of Court is directed to enter judgment in favor of Judgment
Creditor North Shore Bank, FSB, and against Garnishee JPMorgan Chase Bank, N.A.
(“Garnishee”) in the amount of $2,229.50 as being held by Garnishee from the account of
Dated this 26th day of October, 2015.
The Clerk of Court is directed to terminate this action.
Honorable G. Murray Snow
United States District Judge
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