Mims v. United States of America

Filing 32

ORDER ACCEPTING AND THE ADOPTING REPORT AND RECOMMENDATION 30 - This case is dismissed, as moot, and the Clerk of the Court shall enter judgment of dismissal accordingly. (See document for further details). Signed by Senior Judge James A Teilborg on 4/13/17. (SLQ)

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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 Tonya Lee Mims, Plaintiff, 10 11 ORDER v. 12 No. CV-16-00585-PHX-JAT United States of America, 13 Defendant. 14 15 Pending before the Court is the Magistrate Judge’s Report and Recommendation 16 (R&R) of February 9, 2017, recommending that this case be dismissed as moot. No party 17 or movant has filed an objection to the R&R. Accordingly, the Court hereby accepts the 18 R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not 19 required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection” (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 21 Cir. 2003) (en banc) (“statute makes it clear that the district judge must review the 22 magistrate judge’s findings and recommendations de novo if objection is made, but not 23 otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 24 1226 (D. Ariz. 2003). Therefore, 25 /// 26 /// 27 /// 28 /// 1 IT IS ORDERED that the Report and Recommendation (Doc. 30) is accepted and 2 adopted. This case is dismissed, as moot, and the Clerk of the Court shall enter judgment 3 of dismissal accordingly. 4 Dated this 13th day of April, 2017. 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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