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Frankson v. United States

United States District Court, D. Arizona

March 31, 2015

Derrick Myran Frankson, Plaintiff,
v.
United States of America, Defendant.

ORDER

JAMES A. TEILBORG, Senior District Judge.

Pending before the Court is the Report and Recommendation ("R&R") from the Magistrate Judge, (Doc. 13), recommending that this case be dismissed. Plaintiff and Defendant have both filed motions to dismiss. (Doc. 9; Doc. 11).

Neither party filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all... of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc ) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

Therefore,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation, (Doc. 12), is ADOPTED AND ACCEPTED;

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss, (Doc. 9), and Plaintiff's Motion to Dismiss, (Doc. 11), are GRANTED;

IT IS FURTHER ORDERED that this matter is DISMISSED WITH PREJUDICE; the Clerk of the Court shall enter judgment accordingly.


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