Baron v. Huachuca City, Town of
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 . It is further ordered that 3 Motion to Dismiss Case is denied as moot. Signed by Judge Raner C Collins on 3/15/13. (See attached PDF for complete information.) (KAH)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Lori Baron,
Plaintiff,
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vs.
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Town of Huachuca City,
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Defendant.
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No. 12-CV-754-TUC-RCC
ORDER
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Before the Court is Magistrate Judge Leslie Bowman’s Report and Recommendation
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(Doc. 16), recommending that the Court deny Defendant’s Motion to Dismiss (Doc. 3) as
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moot.
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The duties of the district court in connection with a R & R are set forth in Rule 72 of
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the Federal Rules of Civil Procedure and 28 U .S.C. § 636(b)(1). The district court may
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“accept, reject, or modify the recommended disposition; receive further evidence; or return
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the matter to the magistrate judge with instructions. FED.R.CIV.P. 72(b)(3); 28 U.S.C. §
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636(b)(1).
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Where the parties object to a R & R, “[a] judge of the [district] court shall make a de
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novo determination of those portions of the [R & R] to which objection is made.” 28 U.S.C.
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§ 636(b)(1); see Thomas v. Arn, 474 U.S. 140, 149-50, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985).
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When no objection is filed, the district court need not review the R & R de novo. Wang v.
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Masaitis, 416 F.3d 992, 1000 n. 13 (9th Cir.2005); United States v. Reyna-Tapia, 328 F.3d
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1114, 1121-22 (9th Cir.2003) (en banc). Therefore to the extent that no objection has been
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made, arguments to the contrary have been waived. McCall v. Andrus, 628 F.2d 1185, 1187
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(9th Cir.1980) (failure to object to Magistrate's report waives right to do so on appeal); see
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also, Advisory Committee Notes to Fed.R.Civ.P. 72 (citing Campbell v. United States Dist.
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Court, 501 F.2d 196, 206 (9th Cir.1974) (when no timely objection is filed, the court need
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only satisfy itself that there is no clear error on the face of the record in order to accept the
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recommendation).
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The Court will not disturb a Magistrate Judge's Order unless his factual findings are
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clearly erroneous or his legal conclusions are contrary to law. 28 U.S.C. § 636(b)(1)(A).
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“[T]he magistrate judge's decision ... is entitled to great deference by the district court.”
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United States v. Abonce-Barrera, 257 F.3d 959, 969 (9th Cir.2001). A failure to raise an
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objection waives all objections to the magistrate judge’s findings of fact. 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. (internal citations omitted).
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Here, no objections have been filed to the R & R. Defendant’s Motion to Dismiss
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addresses Plaintiff’s original complaint. Since that time, Plaintiff has filed two amended
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complaints, which supersede the original. Valadez-Lopez v. Chertoff, 656 F.3d 851, 857 (9th
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Cir. 2011) (“[I]t is well-established that an amended complaint supersedes the original, the
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latter being treated thereafter as non-existent.”) (punctuation modified); Shupe v. Cricket
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Communications Inc., 2013 WL 68876, 3 (D.Ariz. 2013). This Court considers the R&R to
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be thorough and well-reasoned. After a thorough and de novo review of the record, the Court
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will adopt the R&R of Magistrate Judge Bowman (Doc. 16).
Accordingly,
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//
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//
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//
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IT IS ORDERED that Magistrate Judge Bowman’s Report and Recommendation
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(Doc. 16) is hereby ACCEPTED and ADOPTED as the findings of fact and conclusions
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of law by this Court.
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IT IS FURTHER ORDERED Defendant’s Motion to Dismiss (Doc. 3) is denied as
moot.
DATED this 15th day of March, 2013.
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