Myers v. Wolfinger et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Bade (Doc. 9 ). Plaintiff's Complaint be dismissed without prejudiceand the Clerk of the Court shall enter judgment accordingly and terminate this case. Signed by Senior Judge Stephen M McNamee on 02/20/2018. (KAS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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James Russell Myers,
Plaintiff,

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v.

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Ethan A. Wolfinger, et al.,

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Defendants.

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No. CV-17-8275-PCT-SMM (BSB)

ORDER

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Pending before the Court is Plaintiff’s Complaint. (Doc. 1.) On January 30, 2018,

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Magistrate Judge Bridget S. Bade filed a Report and Recommendation with this Court. (Doc.

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9.) Pursuant to Fed. R. Civ. P. 41(b), Magistrate Judge Bade recommended that Plaintiff’s

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Complaint be dismissed without prejudice. No objections have been filed.

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STANDARD OF REVIEW

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The Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v. Sullivan,

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923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service of a copy

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of the Magistrate’s recommendation within which to file specific written objections to the

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Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge’s

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recommendation relieves the Court of conducting de novo review of the Magistrate Judge’s

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factual findings and waives all objections to those findings on appeal. See Turner v. Duncan,

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158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge’s conclusion “is

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a factor to be weighed in considering the propriety of finding waiver of an issue on appeal.”

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Id.
DISCUSSION

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Having reviewed the Report and Recommendation of the Magistrate Judge, and no

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Objections having been made, the Court hereby incorporates and adopts the Magistrate

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Judge’s Report and Recommendation. Plaintiff’s Complaint failed to state a valid claim

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under 42 U.S.C. § 1983. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). Magistrate

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Judge Bade ordered Plaintiff to file an Amended Complaint. (Doc. 8.) Despite the Order and

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its warning that a failure to comply would result in a dismissal pursuant to Rule 41(b),

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Plaintiff did not comply.

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Accordingly, for the reasons set forth,
IT IS HEREBY ORDERED that the Court adopts the Report and Recommendation
of Magistrate Judge Bade. (Doc. 9.)

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IT IS FURTHER ORDERED that Plaintiff’s Complaint be dismissed without

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prejudice pursuant to 28 U.S.C. § 1915(e) and Fed. R. Civ. P. 41(b). The Clerk of the Court

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shall enter judgment accordingly and terminate this case.

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DATED this 20th day of February, 2018.

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