Alani v. Copenhaven

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Macdonald's Report and Recommendation 39 is ACCEPTED and ADOPTED as the findings of fact and conclusions of law by this Court. IT IS FURTHER ORDERED that Petitioner's Motion for Default Judgment 33 is DENIED. This matter shall remain with Magistrate Judge Macdonald for a Report and Recommendation on pending dispositive motions. Signed by Chief Judge Raner C Collins on 3/4/2015. (ALS)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Martin Sanchez Alanis,
Petitioner,

10
11

ORDER

v.

12

No. CV-14-00324-TUC-RCC (BGM)

Craig Apker,

13

Respondent.

14
15
16

Pending before the Court is Petitioner’s Motion for Default Judgment (Doc. 33)

17

and Magistrate Judge Bruce G. Macdonald’s Report and Recommendation (R & R) (Doc.

18

39). The parties did not file objections to the R & R. The Court accepts and adopts

19

Magistrate Judge Macdonald’s November 18, 2014 R & R.

20

The duties of the district court in connection with a R & R are set forth in Rule 72

21

of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). The district court

22

may “accept, reject, or modify the recommended disposition; receive further evidence; or

23

return the matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3); 28

24

U.S.C. § 636(b)(1). The Court will not disturb a magistrate judge’s order unless his

25

factual findings are clearly erroneous or his legal conclusions are contrary to law. 28

26

U.S.C. § 636(b)(1)(A). “[T]he magistrate judge’s decision…is entitled to great deference

27

by the district court.” U.S. v. Abonce-Barrera, 257 F.3d 959, 969 (9th Cir. 2001). A

28

failure to raise an objection waives all objections to the magistrate judge’s findings of

1

fact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a

2

Magistrate Judge’s conclusion “is a factor to be weighed in considering the propriety of

3

finding waiver of an issue on appeal.” Id. (internal citations omitted).

4
5

Here, the parties have not objected to the R & R. This Court considers the R & R
to be thorough and well-reasoned. Accordingly,

6

IT IS HEREBY ORDERED that Magistrate Judge Macdonald’s Report and

7

Recommendation (Doc. 39) is ACCEPTED and ADOPTED as the findings of fact and

8

conclusions of law by this Court.

9

IT IS FURTHER ORDERED that Petitioner’s Motion for Default Judgment

10

(Doc. 33) is DENIED. This matter shall remain with Magistrate Judge Macdonald for a

11

Report and Recommendation on pending dispositive motions.

12

Dated this 4th day of March, 2015.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-