Cruz v. Earl et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS THEREFORE ORDERED that Judge Duncan's R&R (Doc. 30 ) is ACCEPTED and Defendants Jim Earl and Unknown Earl are DISMISSED from this action for want of prosecution. Signed by Judge G Murray Snow on 3/14/18. (SLQ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Leticia Cruz,

No. CV-16-02970-PHX-DKD
Plaintiff,

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v.

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ORDER

Jim Earl, et al.,

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Defendants.

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Pending before the Court is United States Magistrate Judge David K. Duncan’s

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Report and Recommendation (“R&R”), which recommends dismissal of Defendants Earl

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from this action, (Doc. 30). The Magistrate Judge advised Plaintiff that she had fourteen

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(14) days to file objections to the R&R and that failure to file timely objections could be

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considered a waiver of the right to obtain review of the R&R. Id. at 2 (citing 28 U.S.C. §

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636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(b); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003)).

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Plaintiff did not file objections, which relieves the Court of its obligation to review

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the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985)

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

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subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de

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novo any part of the magistrate judge’s disposition that has been properly objected to.”).

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The Court will accept the R&R and dismiss Defendants Earl from this action. 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 THEREFORE ORDERED that Judge Duncan’s R&R (Doc. 30) is

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ACCEPTED and Defendants Jim Earl and Unknown Earl are DISMISSED from this

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action for want of prosecution.

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Dated this 14th day of March, 2018.

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Honorable G. Murray Snow
United States District Judge

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