Briscoe v. United States Air Force, Davis Monthan Air Force Base

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 19 ). Plaintiff's 18 Amended Complaint is DISMISSED. The Clerk of Court shall docket accordingly and close the case file in this matter. Signed by Senior Judge Raner C Collins on 11/13/23. (See attached Order for complete details.)(JAM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Diane Briscoe,
Plaintiff,

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v.

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United States Air Force, Davis Monthan
Air Force Base, et al.,

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No. CV-23-00046-TUC-LCK
ORDER

Defendants.

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On October 25, 2023, United States Magistrate Judge Lynette C. Kimmins issued

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a Report and Recommendation (“R&R”) in which she recommended the Court enter an

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order dismissing Plaintiff Diane Briscoe's Amended Complaint for lack of subject matter

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jurisdiction. (Doc. 19.) The R&R notified the parties that they had fourteen (14) days

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from the date of the R&R to file any objections. As of the date of this Order, no

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objections have been filed.

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Where neither party objects to a Magistrate Judge’s Report and Recommendation,

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the District Court is not required to review the Magistrate Judge’s decision under any

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specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the

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statute guiding review “does not preclude further review by the district judge, sua sponte

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or at the request of a party, under a de novo or any other standard.” Id. at 154.

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In this matter, the Court has reviewed and considered the Complaint (Doc. 1), the

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Amended Complaint (Doc. 18), and the R&R (Doc. 19). The Court finds that the R&R is

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well-reasoned and agrees with the conclusions reached by Judge Kimmins.

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Accordingly, IT IS ORDERED:

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1. The R&R is ADOPTED. (Doc. 19.)

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2. Plaintiff's Amended Complaint is DISMISSED. (Doc. 18.)

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3. The Clerk of Court shall docket accordingly and close the case file in this matter.

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Dated this 13th day of November, 2023.

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