Elawyers Elawyers
Ohio| Change

Daniel v. Unknown Powers, CV-18-08296-PCT-GMS (ESW). (2019)

Court: District Court, D. Arizona Number: infdco20190913b42 Visitors: 10
Filed: Sep. 11, 2019
Latest Update: Sep. 11, 2019
Summary: ORDER G. MURRAY SNOW , Chief District Judge . Pending before the Court are Plaintiff's First Amended Complaint (Doc. 21) and United States Magistrate Judge Eileen S. Willett's Report and Recommendation ("R&R") (Doc. 32). The R&R recommends that the Court dismiss Count VII, Defendant Apache County and Defendant Apache County Jail from this action. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections coul
More

ORDER

Pending before the Court are Plaintiff's First Amended Complaint (Doc. 21) and United States Magistrate Judge Eileen S. Willett's Report and Recommendation ("R&R") (Doc. 32). The R&R recommends that the Court dismiss Count VII, Defendant Apache County and Defendant Apache County Jail from this action. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72.

The parties did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The Court will accept the R&R and dismiss Count VII, Defendant Apache County and Defendant Apache County Jail from this action. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.").

IT IS ORDERED accepting Magistrate Judge Eileen S. Willett's R&R (Doc.32).

IT IS FURTHER ORDERED dismissing Defendant Apache County Jail from this action.

IT IS FURTHER ORDERED dismissing Count VII and Defendant Apache County from this action.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer