Diaz v. Wyndham Destinations
ORDER that the Court adopts the Report and Recommendation of the Magistrate Judge 12 . IT IS FURTHER ORDERED denying Plaintiff's Motion to Reopen this Case 11 . Signed by Senior Judge Stephen M McNamee on 1/07/2022. (REK)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
No. CV-21-01017-PHX-SMM (JZB)
This matter was referred to Magistrate Judge John Z. Boyle for a Report and
Recommendation. (Doc. 3). On December 14, 2021, the Magistrate Judge filed a Report
and Recommendation with this Court.1 (Doc. 12). To date, no objections have been filed.
This case is assigned to a Magistrate Judge. However, not all parties have consented
to the jurisdiction of the Magistrate Judge. Thus, the matter is before this Court pursuant
to General Order 21-25, which states in relevant part:
When a United States Magistrate Judge to whom a civil action has been
assigned pursuant to Local Rule 3.7(a)(1) considers dismissal to be
appropriate but lacks the jurisdiction to do so under 28 U.S.C. § 636(c)(1)
due to incomplete status of election by the parties to consent or not consent
to the full authority of the Magistrate Judge,
IT IS ORDERED that the Magistrate Judge will prepare a Report and
Recommendation for the Chief United States District Judge or designee.
IT IS FURTHER ORDERED designating the following District Court
Judges to review and, if deemed suitable, to sign the order of dismissal on
STANDARD OF REVIEW
The Court Amay accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.@ 28 U.S.C. ' 636(b)(1)(C); see Baxter v.
Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service
of a copy of the Magistrate=s recommendation within which to file specific written
objections to the Court. 28 U.S.C. ' 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a
Magistrate Judge=s recommendation relieves the Court of conducting de novo review of the
Magistrate Judge=s factual findings and waives all objections to those findings on appeal.
See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate
Judge=s conclusion Ais a factor to be weighed in considering the propriety of finding waiver
of an issue on appeal.@ Id.
Having reviewed the Report and Recommendation of the Magistrate Judge, and no
Objections having been made by any party thereto, the Court hereby incorporates and
adopts the Magistrate Judge=s Report and Recommendation.
Accordingly, for the reasons set forth,
IT IS HEREBY ORDERED that the Court adopts the Report and
Recommendation of the Magistrate Judge. (Doc. 12).
IT IS FURTHER ORDERED denying Plaintiff’s Motion to Reopen this Case.
Dated this 7th day of January, 2022.
Phoenix/Prescott: Senior United States District Judge Stephen M. McNamee
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