Gividen v. Fochesatto et al

Filing 17

ORDER Magistrate Judge Macdonald's Report and Recommendation (Doc. 16 ) is accepted and adopted. Defendants' Request for Summary Ruling on Motion to Dismiss (Doc. 15 ) is GRANTED. Defendants' Motion to Dismiss (Doc. 12 ) is DENIED AS MOOT. This matter is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court shall close the file in this matter. Signed by Judge Jennifer G Zipps on 9/27/2017. (KEP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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JoAn Ada Gividen,
Plaintiff,

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Luciano Fochesatto, et al.,

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ORDER

v.

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No. CV-17-00118-TUC-JGZ (BGM)

Defendants.

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Pending before the Court is a Report and Recommendation issued by United

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States Magistrate Bruce A. Macdonald that recommends granting Defendants’ Request

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for Summary Ruling on Motion to Dismiss and denying as moot Defendants’ Motion to

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Dismiss. (Doc. 16.) A review of the record reflects that the parties have not filed any

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objections to the Report and Recommendation and the time to file objections has expired.

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As such, the Court will not consider any objections or new evidence.

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The Court has reviewed the record and concludes that Magistrate Judge

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Macdonald’s recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1);

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Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999);

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see also Conley v. Crabtree, 14 F.Supp.2d 1203, 1204 (D. Or. 1998).

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Accordingly, IT IS HEREBY ORDERED as follows:
1. Magistrate Judge Macdonald’s Report and Recommendation (Doc. 16) is accepted
and adopted;
2. Defendants’ Request for Summary Ruling on Motion to Dismiss (Doc. 15) is
GRANTED;

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3. Defendants’ Motion to Dismiss (Doc. 12) is DENIED AS MOOT;

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4. This matter is DISMISSED WITHOUT PREJUDICE;

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5. The Clerk of the Court shall close the file in this matter.

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Dated this 27th day of September, 2017.

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