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Hernandez v. Stone

United States District Court, D. Arizona

March 9, 2015

Armando Hernandez, Plaintiff,
v.
Lonnie G. Stone, et al., Defendants.

ORDER

DOUGLAS L. RAYES, District Judge.

Pending before the Court is United States Magistrate Judge Mark E. Aspey's Report and Recommendation ("R&R"). (Doc. 9.) The R&R recommends that the Court dismiss the action without prejudice for failure to prosecute. (Doc. 9 at 6.) 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. ( Id. at 6 (citing Fed.R.Civ.P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

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 has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and dismiss the action. See 28 U.S.C. ยง 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 that Magistrate Judge Aspey's R&R (Doc. 9) is accepted.

IT IS FURTHER ORDERED that Plaintiff's Complaint (Doc. 1) is dismissed without prejudice.

IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action.


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