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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Benjamin Mendoza, No. CV-14-02345-TUC-RM Petitioner, 10 11 v. 12 ORDER Louis Winn, 13 Respondent. 14 15 Pending before the Court is a Report and Recommendation issued by Magistrate 16 Judge Eric J. Markovitch (Doc. 14). In his Report and Recommendation, Judge 17 Markovitch recommends that this Court dismiss this action for, inter alia, failure to 18 prosecute. No objections were filed. 19 A district judge must “make a de novo determination of those portions” of a 20 magistrate judge’s “report or specified proposed findings or recommendations to which 21 objection is made.” 28 U.S.C. §636(b)(1)(C). The advisory committee notes to Rule 22 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 23 filed, the court need only satisfy itself that there is no clear error on the face of the record 24 in order to accept the recommendation” of a magistrate judge. See also Prior v. Ryan, 25 2012 WL 1344286, *1 (D. Ariz. Apr. 8, 2012) (reviewing for clear error unobjected-to 26 portions of Report and Recommendation); Johnson v. Zema Sys. Corp., 170 F.3d 734, 27 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the district judge 28 reviews those unobjected portions for clear error.”). 1 2 Reviewing for clear error, this Court finds no such error in Judge Markovitch’s Report and Recommendation. Accordingly, 3 IT IS HEREBY ORDERED as follows: 4 1. 5 Magistrate Judge Eric J. Markovitch’s Report and Recommendation (Doc. 14) is accepted and adopted. 6 2. Petitioner’s Petition (Doc. 1) is denied and this action is dismissed. 7 3. The Clerk of Court is directed to close this case. 8 Dated this 15th day of April, 2016. 9 10 11 Honorable Rosemary Márquez United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?