Rose v. Sierra Vista, City of et al

Filing 56

ORDERED adopting Report and Recommendations re 44 Report and Recommendation. Defendants' motions are granted: 19 Motion to Dismiss for Failure to State a Claim; 26 Motion to Dismiss Party; 35 Motion to Dismiss. This case is dismissed with prejudice. The Clerk of Court shall enter judgment and close the file in this case. Signed by Judge James A Soto on 11/3/2015.(BAR)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 4 Phillip Rose, 5 6 Plaintiff, vs. 7 Sierra Vista, City of, et al. 8 Defendants. 9 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 14-2240-TUC-JAS (CRP) ORDER 10 11 Pending before the Court is a Report and Recommendation issued by Magistrate Judge 12 Pyle. In the Report and Recommendation, Magistrate Judge Pyle recommends granting 13 Defendants’ motions to dismiss. As the Court finds that the Report and Recommendation 14 appropriately resolved the motions, Plaintiff’s objections are denied.1 15 Accordingly, IT IS HEREBY ORDERED as follows: 16 (1) Magistrate Judge Pyle’s Report and Recommendation (Doc. 44) is accepted and adopted. 17 (2) Defendants’ motions to dismiss are granted. 18 (3) This case is dismissed with prejudice. The Clerk of the Court shall enter judgment 19 and close the file in this case. 20 DATED this 3rd day of November, 2015. 21 22 23 24 25 26 27 28 1 The Court reviews de novo the objected-to portions of the Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court reviews for clear error the unobjected-to portions of the Report and Recommendation. See Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998).

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