ALANIS v. APKER, CV-14-00324-TUC-RCC (BGM). (2015)
Court: District Court, D. Arizona
Number: infdco20150306678
Visitors: 11
Filed: Mar. 04, 2015
Latest Update: Mar. 04, 2015
Summary: ORDER RANER C. COLLINS , District Judge . Pending before the Court is Petitioner's Motion for Default Judgment (Doc. 33) and Magistrate Judge Bruce G. Macdonald's Report and Recommendation (R & R) (Doc. 39). The parties did not file objections to the R & R. The Court accepts and adopts Magistrate Judge Macdonald's November 18, 2014 R & R. The duties of the district court in connection with a R & R are set forth in Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. 636(b)(1). T
Summary: ORDER RANER C. COLLINS , District Judge . Pending before the Court is Petitioner's Motion for Default Judgment (Doc. 33) and Magistrate Judge Bruce G. Macdonald's Report and Recommendation (R & R) (Doc. 39). The parties did not file objections to the R & R. The Court accepts and adopts Magistrate Judge Macdonald's November 18, 2014 R & R. The duties of the district court in connection with a R & R are set forth in Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. 636(b)(1). Th..
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ORDER
RANER C. COLLINS, District Judge.
Pending before the Court is Petitioner's Motion for Default Judgment (Doc. 33) and Magistrate Judge Bruce G. Macdonald's Report and Recommendation (R & R) (Doc. 39). The parties did not file objections to the R & R. The Court accepts and adopts Magistrate Judge Macdonald's November 18, 2014 R & R.
The duties of the district court in connection with a R & R are set forth in Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). The district court may "accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions." Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(1). The Court will not disturb a magistrate judge's order unless his factual findings are clearly erroneous or his legal conclusions are contrary to law. 28 U.S.C. § 636(b)(1)(A). "[T]he magistrate judge's decision . . . is entitled to great deference by the district court." U.S. v. Abonce-Barrera, 257 F.3d 959, 969 (9th Cir. 2001). A failure to raise an objection waives all objections to the magistrate judge's findings of fact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge's conclusion "is a factor to be weighed in considering the propriety of finding waiver of an issue on appeal." Id. (internal citations omitted).
Here, the parties have not objected to the R & R. This Court considers the R & R to be thorough and well-reasoned. Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Macdonald's Report and Recommendation (Doc. 39) is ACCEPTED and ADOPTED as the findings of fact and conclusions of law by this Court.
IT IS FURTHER ORDERED that Petitioner's Motion for Default Judgment (Doc. 33) is DENIED. This matter shall remain with Magistrate Judge Macdonald for a Report and Recommendation on pending dispositive motions.
Source: Leagle