Bogan v. Sheahan et al

Filing 82

ORDER - adopting the Magistrate Judge's Report and Recommendation 78 . FURTHER ORDERED that Pla's case be DISMISSED WITH PREJUDICE for failure to pay the filing fee. FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this action. Signed by Judge Earl H Carroll on 11/24/08. (KMG)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 28, 2008, Magistrate Judge Mark E. Aspey issued a Report and Recommendation ("Recommendation"). (Dkt. 78). The Magistrate Judge recommends dismissal of this action without prejudice for Plaintiff's failure to pay the filing fee. Petitioner did not file a Response or Objection to the Recommendation. A district court judge reviews a report and recommendation of a magistrate judge de novo. See 28 U.S.C. 636(b)(1)(c) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge"). The Court, having ) ) ) Plaintiff, ) ) vs. ) ) Tom Sheahan; Mohave County Board of) Supervisors; Captain Brown; Byas; Officer) ) Giralde; Attorney General, ) ) Defendants. ) ) Craig Robert Bogan, No. CV 06-2167-PCT-EHC-MEA ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 considered the record and the Recommendation of the Magistrate Judge, adopts the Recommendation and incorporates the same as part of this Order.1 Accordingly, IT IS ORDERED adopting the Magistrate Judge's Report and Recommendation (Dkt. 78). IT IS FURTHER ORDERED that Plaintiff's case be DISMISSED WITH PREJUDICE for failure to pay the filing fee. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this action. DATED this 24th day of November, 2008. The first line in the Recommendation should read "Docket No. 18" rather than "Docket No. 19." (See Dkt. 78, p. 1, l. 16 and Dkt. 18, p. 4, ll. 12-15.) -2- 1

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