ORDER

M. CHRISTINA ARMIJO, Chief District Judge.

THIS MATTER is before the Court on the Report and Recommendation Regarding Motion for Contempt, entered by the Honorable Magistrate Judge Robert H. Scott on August 15, 2013. [Doc. 73] The deadline for Objections to the Report and Recommendation was September 3, 2013. [Id.] No party has filed Objections to the Report and Recommendation.

Plaintiff in this case has completely failed and refused to participate in discovery, attend Court scheduled hearings, and otherwise prosecute this case. [Doc. 73, ¶¶ 1-10] Accordingly, Defendant filed two motions: a Motion for Sanctions for Failure to Obey a Court Order and Attend Deposition, in which Defendant asked the Court to dismiss this matter for Plaintiff's failure to comply with a discovery order and appear at her deposition [Doc. 57]; and a Motion for Contempt And/Or Enforce Subpoena [Doc. 59]. This Court referred both motions to the Honorable Magistrate Judge Robert H. Scott. [Doc. 60]

The Court's review of the Magistrate Judge's Report and Recommendation is governed by 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b)(3). The Court "may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate with instructions." Fed. R. Civ. P. 72(b)(3). "As to any dispositive matter, magistrate authority is limited and the district court must use the de novo standard of review." Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458, 1462 (10th Cir. 1988).

Having engaged in a de novo review of the Report and Recommendation, hereby accepts it in part and rejects it in part. The Court accepts each of the ten Proposed Findings as set forth in the Report and Recommendation. [Doc. 73] The Court further accepts the first and second Recommended Dispositions as set forth in the Report and Recommendation. [Doc. 73] The Court rejects the third Recommended Disposition as set forth in the Report and Recommendation. [Doc. 73]

WHEREFORE, IT IS HEREBY ORDERED that Defendant's request to dismiss this case as set forth in Defendant's Motion for Sanctions for Failure to Obey a Court Order and Attend Deposition [Doc. 57] is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(v). IT IS FURTHER ORDERED that Defendant's Motion for Contempt And/Or Enforce Subpoena [Doc. 59] is MOOT pursuant to the Court's dismissal of the matter on Document 57.

IT IS SO ORDERED.