Light v. Elledge et al

Filing 17

ORDERED that the 15 Report and Recommendation is accepted and adopted in full. Further ordered that Defendants' 8 Motion to Dismiss is granted. Plaintiff's complaint is dismissed with leave to amend. Within 30 days Plaintiff may file an amended complaint. If Plaintiff fails to comply, the Clerk of Court shall dismiss this action with prejudice. Signed by Judge Rosemary Marquez on 11/16/2016.(BAR)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Virgil L Light,
Plaintiff,

10
11

ORDER

v.

12

No. CV-16-00190-TUC-RM (JR)

Karl D Elledge, et al.,

13

Defendants.

14
15

On September 1, 2016, Magistrate Judge Jacqueline M. Rateau issued a Report

16

and Recommendation (Doc. 15) recommending that this Court grant Defendants’ Motion

17

to Dismiss (Doc. 8). No objections to the Report and Recommendation were filed, and

18

the deadline for filing objections has expired.

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). The advisory committee’s 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. Fed. R. Civ. P. 72(b)

25

advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170

26

F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the

27

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

28

CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for

1
2

clear error unobjected-to portions of Report and Recommendation).
The Court has reviewed Judge Rateau’s Report and Recommendation, the parties’

3

briefs, and the record.

4

Recommendation. Accordingly,

5
6

The Court finds no error in Judge Rateau’s Report and

IT IS ORDERED that the Report and Recommendation (Doc. 15) is accepted
and adopted in full.

7

IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (Doc. 8) is

8

granted. Plaintiff’s Complaint (Doc. 1) is dismissed with leave to amend, subject to

9

the limitations described in Judge Rateau’s Report and Recommendation. Within 30

10

days from the date this Order is filed, Plaintiff may file an amended complaint that cures

11

the deficiencies outlined in Judge Rateau’s Report and Recommendation.

12

IT IS FURTHER ORDERED that if Plaintiff fails to file an amended complaint

13

within 30 days, the Clerk of Court shall, without further notice, dismiss this action with

14

prejudice.

15

Dated this 16th day of November, 2016.

16
17
18

Honorable Rosemary Márquez
United States District Judge

19
20
21
22
23
24
25
26
27
28

-2-