Simmons #321572 v. Thornell et al

Filing 33

ORDER that Magistrate Judge James F. Metcalf's Report and Recommendation ("R&R") 32 is adopted as the Order of this Court. The Clerk of Court is kindly ordered to dismiss this matter, without prejudice, and enter judgment accordingly. Signed by Judge Diane J Humetewa on 8/29/2024. (KLG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Antoine Lavelle Simmons,
Plaintiff,

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v.

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Ryan Thornell, et al.,

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No. CV-23-01620-PHX-DJH
ORDER

Defendants.

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Before the Court is Magistrate Judge James F. Metcalf’s Report and

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Recommendation (“R&R”) (Doc. 32) recommending this matter be dismissed without

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prejudice for failure to prosecute this action.

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

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that the failure to timely do so “may result in the acceptance of the Report and

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Recommendation by the District Court without further review.” (Id. at 5) (citing United

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States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Petitioner has not

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filed an objection and the time to do so has expired. Respondents have also not filed an

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objection. Absent any objections, the Court is not required to review the findings and

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recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (noting that

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the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on

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its face require any review at all . . . of any issue that is not the subject of an objection.”);

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Reyna-Tapia, 328 F.3d at 1121 (same); 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.”).

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Nonetheless, the Court has reviewed Judge Metcalf’s well-reasoned R&R and

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agrees with its findings and recommendations. The Court will, therefore, accept the R&R

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and dismiss this action without prejudice. See 28 U.S.C. § 636(b)(1) (“A judge of the

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court may accept, reject, or modify, in whole or in part, the findings or recommendations

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made by the magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).

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IT IS ORDERED that Magistrate Judge James F. Metcalf’s Report and

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Recommendation (“R&R”) (Doc. 32) is adopted as the Order of this Court. The Clerk of

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Court is kindly ordered to dismiss this matter, without prejudice, and enter judgment

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accordingly.
Dated this 29th day of August, 2024.

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Honorable Diane J. Humetewa
United States District Judge

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