Light v. Elledge et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Virgil L Light,
No. CV-16-00190-TUC-RM (JR)
Karl D Elledge, et al.,
On September 1, 2016, Magistrate Judge Jacqueline M. Rateau issued a Report
and Recommendation (Doc. 15) recommending that this Court grant Defendants’ Motion
to Dismiss (Doc. 8). No objections to the Report and Recommendation were filed, and
the deadline for filing objections has expired.
A district judge must “make a de novo determination of those portions” of a
magistrate judge’s “report or specified proposed findings or recommendations to which
objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule
72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is
filed, the court need only satisfy itself that there is no clear error on the face of the record
in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b)
advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170
F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the
district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan,
CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for
clear error unobjected-to portions of Report and Recommendation).
The Court has reviewed Judge Rateau’s Report and Recommendation, the parties’
briefs, and the record.
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.
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (Doc. 8) is
granted. Plaintiff’s Complaint (Doc. 1) is dismissed with leave to amend, subject to
the limitations described in Judge Rateau’s Report and Recommendation. Within 30
days from the date this Order is filed, Plaintiff may file an amended complaint that cures
the deficiencies outlined in Judge Rateau’s Report and Recommendation.
IT IS FURTHER ORDERED that if Plaintiff fails to file an amended complaint
within 30 days, the Clerk of Court shall, without further notice, dismiss this action with
Dated this 16th day of November, 2016.
Honorable Rosemary Márquez
United States District Judge
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