Mendoza v. Winn

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION 14 . Petitioner's Petition (Doc. 1 ) is denied and this action is dismissed. The Clerk of Court is directed to close this case. Signed by Judge Rosemary Marquez on 4/15/16. (KAH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Benjamin Mendoza,

No. CV-14-02345-TUC-RM
Petitioner,

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v.

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ORDER

Louis Winn,

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Respondent.

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Pending before the Court is a Report and Recommendation issued by Magistrate

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Judge Eric J. Markovitch (Doc. 14).

In his Report and Recommendation, Judge

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Markovitch recommends that this Court dismiss this action for, inter alia, failure to

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prosecute. No objections were 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)(C). The advisory committee notes to Rule

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72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is

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

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in order to accept the recommendation” of a magistrate judge. See also Prior v. Ryan,

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2012 WL 1344286, *1 (D. Ariz. Apr. 8, 2012) (reviewing for clear error unobjected-to

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portions of Report and Recommendation); Johnson v. Zema Sys. Corp., 170 F.3d 734,

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

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reviews those unobjected portions for clear error.”).

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Reviewing for clear error, this Court finds no such error in Judge Markovitch’s
Report and Recommendation. Accordingly,

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IT IS HEREBY ORDERED as follows:

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1.

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

14) is accepted and adopted.

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2.

Petitioner’s Petition (Doc. 1) is denied and this action is dismissed.

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3.

The Clerk of Court is directed to close this case.

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Dated this 15th day of April, 2016.

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Honorable Rosemary Márquez
United States District Judge

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