Gonzalez v. Benabidez

Filing 11

ORDER ADOPTING 10 REPORT AND RECOMMENDATION. IT IS ORDERED, this case is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall docket accordingly and close the case file in this matter. Signed by Senior District Judge Raner C Collins on 1/6/25. (BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Andy Gonzalez,
Plaintiff,

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v.

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Cecilia Benabidez,

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No. CV-24-00452-TUC-LCK
ORDER

Defendant.

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On December 16, 2024, Magistrate Judge Lynette C. Kimmins issued a Report

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and Recommendation (“R&R”), recommending that the District Court enter an order

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dismissing this case without prejudice and directing the Clerk of Court to close this case

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after Plaintiff failed to amend the Complaint and failed to pay the filing fee or resubmit

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the Application to Proceed Without Prepaying Costs. (Doc. 10.) Judge Kimmins notified

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the parties they had fourteen days to object to the R&R. (Id.) No objections have been

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filed.

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The standard of review of a magistrate judge’s R&R is dependent upon whether a

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party objects: where there is no objection to a magistrate’s factual or legal

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determinations, the district court need not review the decision “under a de novo or any

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other standard.” Thomas v. Arn, 474 U.S. 140, 150 (1985).

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The Court has reviewed the pertinent documents in this matter and agrees with the
Magistrate Judge’s conclusions.

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Accordingly, IT IS ORDERED Magistrate Judge Kimmins’ Report and
Recommendation is ADOPTED. (Doc. 10.)
IT IS FURTHER ORDERED this case is DISMISSED WITHOUT PREJUDICE.
The Clerk of Court shall docket accordingly and close the case file in this matter.
Dated this 6th day of January, 2025.

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