Goedecke #080048 v. Mooney et al
Filing
32
ORDER - 31 Report and Recommendation is accepted. Plaintiff's action is dismissed without prejudice for failure to comply with Court orders and failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 5/17/18. (MSA)
1
WO
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Walter C Goedecke,
Plaintiff,
10
11
Unknown Mooney, et al.,
13
ORDER
v.
12
No. CV-16-03432-PHX-JAT
Defendants.
14
15
Pending before the Court is the Report and Recommendation (“R&R”) from the
16
Magistrate Judge recommending that this case be dismissed, without prejudice, for failure
17
to prosecute and failure to comply with Court orders. (Doc. 31).
18
Neither party has filed objections to the R&R. Accordingly, the Court hereby
19
accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district
20
courts are not required to conduct “any review at all . . . of any issue that is not the
21
subject of an objection@ (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114,
22
1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the district judge must review
23
the magistrate judge’s findings and recommendations de novo if objection is made, but
24
not otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d
25
1219, 1226 (D. Ariz. 2003).
26
Accordingly,
27
IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.
28
31) is ACCEPTED; and
1
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
2
PREJUDICE for failure to comply with Court orders and failure to prosecute pursuant to
3
Federal Rule of Civil Procedure 41(b); and the Clerk of the Court shall enter judgment
4
accordingly.
5
Dated this 17th day of May, 2018.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?