Diaz v. Wyndham Destinations

Filing 13

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)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Ismael Diaz, 9 No. CV-21-01017-PHX-SMM (JZB) Plaintiff, 10 11 v. 12 ORDER Wyndham Destinations, 13 Defendant. 14 15 This matter was referred to Magistrate Judge John Z. Boyle for a Report and 16 Recommendation. (Doc. 3). On December 14, 2021, the Magistrate Judge filed a Report 17 and Recommendation with this Court.1 (Doc. 12). To date, no objections have been filed. 18 1 19 20 21 22 23 24 25 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. 26 27 28 IT IS FURTHER ORDERED designating the following District Court Judges to review and, if deemed suitable, to sign the order of dismissal on my behalf: 1 STANDARD OF REVIEW 2 The Court Amay accept, reject, or modify, in whole or in part, the findings or 3 recommendations made by the magistrate.@ 28 U.S.C. ' 636(b)(1)(C); see Baxter v. 4 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service 5 of a copy of the Magistrate=s recommendation within which to file specific written 6 objections to the Court. 28 U.S.C. ' 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a 7 Magistrate Judge=s recommendation relieves the Court of conducting de novo review of the 8 Magistrate Judge=s factual findings and waives all objections to those findings on appeal. 9 See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate 10 Judge=s conclusion Ais a factor to be weighed in considering the propriety of finding waiver 11 of an issue on appeal.@ Id. 12 DISCUSSION 13 Having reviewed the Report and Recommendation of the Magistrate Judge, and no 14 Objections having been made by any party thereto, the Court hereby incorporates and 15 adopts the Magistrate Judge=s Report and Recommendation. 16 CONCLUSION 17 Accordingly, for the reasons set forth, 18 IT IS HEREBY ORDERED that the Court adopts the Report and 19 20 21 22 Recommendation of the Magistrate Judge. (Doc. 12). IT IS FURTHER ORDERED denying Plaintiff’s Motion to Reopen this Case. (Doc. 11). Dated this 7th day of January, 2022. 23 24 25 26 27 28 Phoenix/Prescott: Senior United States District Judge Stephen M. McNamee -2-

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