Blaylock v. United States of America

Filing 11

ORDER ACCEPTING AND ADOPTING IN FULL 9 REPORT AND RECOMMENDATION. IT IS ORDERED that Plaintiff's 1 Complaint is dismissed with leave to amend. Within 30 days from the date this Order is filed, Plaintiff shall file a First Amended Complaint w hich cures the deficiencies outlined in Judge Kimmins's Report and Recommendation. If Plaintiff fails to file a First Amended Complaint within 30 days, the Clerk of Court is directed to dismiss this action without prejudice, without further notice to Plaintiff. Signed by Judge Rosemary Marquez on 5/16/17.(BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Zackery Blaylock,
Plaintiff,

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ORDER

v.

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No. CV-17-00006-TUC-RM (LCK)

United States of America,

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Defendant.

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On April 12, 2017, Magistrate Judge Lynnette C. Kimmins issued a Report and

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Recommendation (Doc. 9) recommending that this Court dismiss Plaintiff’s Complaint

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with leave to amend, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii). No objections to

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the Report and Recommendation 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). The advisory committee’s 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. Fed. R. Civ. P. 72(b)

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

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

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

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

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clear error unobjected-to portions of Report and Recommendation).

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The Court has reviewed Judge Kimmins’s Report and Recommendation, the

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parties’ briefs, and the record. The Court finds no error in Judge Kimmins’s Report and

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Recommendation. Accordingly,

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IT IS ORDERED that the Report and Recommendation (Doc. 9) is accepted and
adopted in full.

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IT IS FURTHER ORDERED that Plaintiff’s Complaint (Doc. 1) is dismissed

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with leave to amend, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii). Within 30 days

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from the date this Order is filed, Plaintiff shall file a First Amended Complaint which

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cures the deficiencies outlined in Judge Kimmins’s Report and Recommendation. If

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Plaintiff fails to file a First Amended Complaint within thirty (30) days, the Clerk of

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Court is directed to dismiss this action without prejudice, without further notice to

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Plaintiff.

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Dated this 16th day of May, 2017.

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Honorable Rosemary Márquez
United States District Judge

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