Marvin v. Lake, CV-17-01317-PHX-DLR. (2018)
Court: District Court, D. Arizona
Number: infdco20180521534
Visitors: 17
Filed: May 18, 2018
Latest Update: May 18, 2018
Summary: ORDER DOUGLAS L. RAYES , District Judge . Before the Court are United States Magistrate Judge Bridget S. Bade's Report and Recommendation ("R&R") and Plaintiff's Motion to Continue Trial. (Docs. 30, 31.) The R&R recommends that the Court dismiss this action without prejudice for failure to prosecute. 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
Summary: ORDER DOUGLAS L. RAYES , District Judge . Before the Court are United States Magistrate Judge Bridget S. Bade's Report and Recommendation ("R&R") and Plaintiff's Motion to Continue Trial. (Docs. 30, 31.) The R&R recommends that the Court dismiss this action without prejudice for failure to prosecute. 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 ..
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ORDER
DOUGLAS L. RAYES, District Judge.
Before the Court are United States Magistrate Judge Bridget S. Bade's Report and Recommendation ("R&R") and Plaintiff's Motion to Continue Trial. (Docs. 30, 31.) The R&R recommends that the Court dismiss this action without prejudice for failure to prosecute. 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; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Plaintiff did not file objections. Instead, Plaintiff filed a motion to continue trial, which does not address the R&R. (Doc. 31.) The Court nonetheless has reviewed the R&R and finds that it is well-taken. The Court will accept the R&R, dismiss this action without prejudice due to Plaintiff's failure to prosecute, and deny as moot Plaintiff's motion to continue trial.
IT IS ORDERED that Magistrate Judge Bade's R&R (Doc. 30) is ACCEPTED. This action is DISMISSED without prejudice.
IT IS FURTHER ORDERED that Plaintiff's motion to continue trial (Doc. 31) is DENIED as moot.
IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this case.
Source: Leagle
