Walker v. Botezatu et al

Filing 37

ORDER ADOPTING 36 Judge Boyle's Report and Recommendation. Defendant's Motion to Dismiss for Lack of Jurisdiction (Doc. 17 ) is granted and the remainder of the Motion is denied as moot. The Clerk is directed to terminate this action and enter judgment. Signed by Judge G Murray Snow on 2/23/17. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jerry Walker,

No. CV-15-08288-PCT-JZB
Plaintiff,

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v.

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ORDER

Emil Botezatu, et al.,

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Defendants.

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Pending before the Court are Defendant Emil Botezatu’s Motion to Dismiss (Doc.

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17) and United States Magistrate Judge John Z. Boyle’s Report and Recommendation

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(Doc. 36) (“R&R”), which recommends granting the Motion and dismiss the Complaint

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for lack of jurisdiction. (Doc. 36 at 7.) The Magistrate Judge advised the parties that they

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had fourteen days to file objections to the R&R and that failure to file timely objections

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could be considered a waiver of the right to obtain review of the R&R. Id. at 8 (citing 28

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U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(b) and 72; United States v. Reyna-Tapia, 328

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F.3d 1114, 1121 (9th Cir. 2003)).

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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 has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and grants the Motion to Dismiss the Complaint

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for lack of jurisdiction. See 28 U.S.C. § 636(b)(1) (stating that the district court “may

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accept, reject, or modify, in whole or in part, the findings or recommendations made by

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the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or

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modify the recommended disposition; receive further evidence; or return the matter to the

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magistrate judge with instructions.”).

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IT IS THEREFORE ORDERED that Judge Boyle’s R&R (Doc. 36) is

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ACCEPTED. Defendant’s Motion to Dismiss for Lack of Jurisdiction (Doc. 17) is

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granted and the remainder of the Motion is denied as moot. The Clerk of Court is

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directed to terminate this action and enter judgement accordingly.
Dated this 23rd day of February, 2017.

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Honorable G. Murray Snow
United States District Judge

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