North Shore Bank FSB v. Keuck

Filing 18

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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North Shore Bank FSB,
Plaintiff,

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ORDER

v.

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No. MC-15-00044-PHX-GMS

Darrel Keuck,

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Defendant.

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JPMorgan Chase Bank NA,
Garnishee.

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Pending before the Court are Plaintiff’s Motion for Judgment on Garnishment and

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United States Magistrate Judge John Boyle’s Report and Recommendation (“R&R”).

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Docs. 13, 16. The R&R recommends that the Court grant judgment on garnishment

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Doc. 13 at 4. The Magistrate Judge advised the parties that they had fourteen days to file

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objections to the R&R and that failure to file timely objections could be considered a

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waiver of the right to obtain review of the R&R. Id. at 4 (citing 28 U.S.C. ¶ 636(b)(1);

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Fed. R. Civ. P. 6(a), 6(b) and 72).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and grant judgment on garnishment. See 28

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U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P.

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72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition;

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receive further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED:

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Magistrate Judge Boyle’s R&R (Doc. 13) is accepted.

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2.

Plaintiff’s Motion for Judgment on Garnishment (Doc. 13) is granted.

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3.

The Clerk of Court is directed to enter judgment in favor of Judgment

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Creditor North Shore Bank, FSB, and against Garnishee JPMorgan Chase Bank, N.A.

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(“Garnishee”) in the amount of $2,229.50 as being held by Garnishee from the account of

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Darrell Keuck.

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4.

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Dated this 26th day of October, 2015.

The Clerk of Court is directed to terminate this action.

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Honorable G. Murray Snow
United States District Judge

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