Blaylock v. United States of America
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
No. CV-17-00006-TUC-RM (LCK)
United States of America,
On April 12, 2017, Magistrate Judge Lynnette C. Kimmins issued a Report and
Recommendation (Doc. 9) recommending that this Court dismiss Plaintiff’s Complaint
with leave to amend, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii). No objections to
the Report and Recommendation were filed.
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 Kimmins’s Report and Recommendation, the
parties’ briefs, and the record. The Court finds no error in Judge Kimmins’s Report and
IT IS ORDERED that the Report and Recommendation (Doc. 9) is accepted and
adopted in full.
IT IS FURTHER ORDERED that Plaintiff’s Complaint (Doc. 1) is dismissed
with leave to amend, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii). Within 30 days
from the date this Order is filed, Plaintiff shall file a First Amended Complaint which
cures the deficiencies outlined in Judge Kimmins’s Report and Recommendation. If
Plaintiff fails to file a First Amended Complaint within thirty (30) days, the Clerk of
Court is directed to dismiss this action without prejudice, without further notice to
Dated this 16th day of May, 2017.
Honorable Rosemary Márquez
United States District Judge
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