Patterson v. Pima County Sheriff's Department et al

Filing 36

ORDER: Magistrate Judge Eric J. Markovich's Report and Recommendation (Doc. 35 ) is accepted and adopted. Defendant's Motion to Dismiss (Doc. 30 ) is granted. Plaintiff's Amended Complaint (Doc. 27 ) is dismissed. The Clerk of the Court is directed to enter judgment accordingly and close this case. Signed by Judge Rosemary Marquez on 2/2/2016. (See attached Order for complete information)(DLC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Daniel Patterson,

No. CV-13-01779-TUC-RM
Plaintiff,

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v.

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ORDER

Pima County Sheriff's Department, et al.,

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Defendants.

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Pending before the Court is a Report and Recommendation (Doc. 35) issued by

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United States Magistrate Judge Eric J. Markovich that recommends granting Defendant’s

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Motion to Dismiss (Doc. 30). No objections have been filed.

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A district judge must “make a de novo determination of those portions” of a

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magistrate judge’s “report or specified proposed findings or recommendations to which

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objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee notes to Rule 72(b)

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of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is filed,

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the court need only satisfy itself that there is no clear error on the face of the record in

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order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b)

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advisory committee note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 F.3d

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734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the district

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court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, CV 10-

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225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for clear

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error unobjected-to portions of Report and Recommendation).

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The Court has reviewed the record and finds no error in Judge Markovich’s Report

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and Recommendation. Accordingly, the Report and Recommendation will be adopted in

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full and Defendant’s Motion to Dismiss will be granted.

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IT IS HEREBY ORDERED:

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Magistrate Judge Eric J. Markovich’s Report and Recommendation (Doc.

35) is accepted and adopted.

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Defendant’s Motion to Dismiss (Doc. 30) is granted.

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3.

Plaintiff’s Amended Complaint (Doc. 27) is dismissed. The Clerk of the

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Court is directed to enter judgment accordingly and close this case.
Dated this 2nd day of February, 2016.

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Honorable Rosemary Márquez
United States District Judge

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