Dinsbach v. Harris et al

Filing 89

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED: 1. Magistrate Judge Deborah M. Fine's R&R (Doc. 88 ) is accepted. 2. Defendants' Motion for Sanctions (Doc. 81 ) is granted pursuant to the R&R (Doc. 88 ). (See document for complete details). Signed by Chief Judge G Murray Snow on 9/9/20. (SLQ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Alexis Gabrielle Dinsbach,
Plaintiff,

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ORDER

v.

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No. CV-18-03595-PHX-GMS (DMF)

Candice Harris, et al.,

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Defendants.

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Pending before the Court is a Motion for Sanctions and Notice of Good Faith

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Conferral filed by Defendants Maricopa County and Penzone (Doc. 81) and Magistrate

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Deborah M. Fine’s Report and Recommendation (“R&R”) (Doc. 88).

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recommends that the Court grant the Motion for Sanctions (Doc. 81). The Magistrate

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Judge advised the parties that they had fourteen days to file objections to the R&R and that

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failure to file timely objections could be considered a waiver of the right to obtain review

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of the R&R. Id. at 7 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003)).

The R&R

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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 will accept the R&R and grant the Motion for Sanctions. 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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1.

Magistrate Judge Deborah M. Fine’s R&R (Doc. 88) is accepted.

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2.

Defendants’ Motion for Sanctions (Doc. 81) is granted pursuant to the

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R&R (Doc. 88).

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Dated this 9th day of September, 2020.

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