United States District Court, D. Arizona
A. Teilborg Senior United States District Judge
before this Court is a Report and Recommendation (Doc. 87)
(R&R) recommending that this Court deny Plaintiffs motion
to reinstate this case (Doc. 84). Neither party has filed
objections to the R&R.
Court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate
judge.” 28 U.S.C. § 636(b)(1). It is “clear
that the district judge must review the magistrate
judge's findings and recommendations de novo if
objection is made, but not otherwise.” United
States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003) (en banc) (emphasis in
original); Schmidt v. Johnstone, 263 F.Supp.2d 1219,
1226 (D. Ariz. 2003) (“Following Reyna-Tapia,
this Court concludes that de novo review of factual
and legal issues is required if objections are made,
‘but not otherwise.'”); Klamath Siskiyou
Wildlands Ctr. v. U.S. Bureau of Land Mgmt., 589 F.3d
1027, 1032 (9th Cir. 2009) (the district court “must
review de novo the portions of the [Magistrate JudgeDs]
recommendations to which the parties object.”).
District courts are not required to conduct “any review
at all . . . of any issue that is not the subject of
an objection.” Thomas v. Arn, 474 U.S. 140,
149 (1985) (emphasis added); see also 28 U.S.C.
§ 636(b)(1) (“the court shall make a de
novo determination of those portions of the [report and
recommendation] to which objection is made.”).
IT IS ORDERED that the Report and
Recommendation (Doc. 87) is accepted and the motion to
reinstate this case (Doc. 84) is denied. The Clerk of the
Court shall mail Plaintiff the court-approved “Civil
Rights Complaint by a Prisoner” and “Application
to Proceed In Forma Pauperis Civil (Non-Habeas).” Dated
this 27th day of July, 2018.
for a Prisoner Filing a Civil Rights Complaint in the United
States District Court for the District of Arizona
Who May Use This Form. The civil rights complaint
form is designed to help incarcerated persons prepare a
complaint seeking relief for a violation of their federal
civil rights. These complaints typically concern, but are not
limited to, conditions of confinement. This form
should not be used to challenge your conviction or
sentence. If you want to challenge a state
conviction or sentence, you should file a petition under 28
U.S.C. § 2254 for a writ of habeas corpus by a person in
state custody. If you want to challenge a federal conviction
or sentence, you should file a motion under 28 U.S.C. §
2255 to vacate sentence in the federal court that entered the
The Form. Local Rule of Civil Procedure
(LRCiv) 3.4(a) provides that complaints by incarcerated
persons must be filed on the court-approved form.
The form must be typed or neatly handwritten. The form must
be completely filled in to the extent applicable. All
questions must be answered clearly and concisely in the
appropriate space on the form. If needed, you may attach
additional pages, but no more than fifteen additional
pages, of standard letter-sized paper. You must
identify which part of the complaint is being continued and
number all pages. If you do not fill out the form properly,
you will be asked to submit additional or corrected
information, which may delay the processing of your action.
You do not need to cite law.
Your Signature. You must tell the truth and sign the
form. If you make a false statement of a material fact, you
may be prosecuted for perjury.
The Filing and Administrative Fees. The total fees
for this action are $400.00 ($350.00 filing fee plus $50.00
administrative fee). If you are unable to immediately pay the
fees, you may request leave to proceed in forma pauperis.
Please review the “Information for Prisoners Seeking
Leave to Proceed with a (Non-Habeas) Civil Action in Federal
Court In Forma Pauperis Pursuant to 28 U.S.C. §
1915” for additional instructions.
Original and Judge's Copy. You must send an
original plus one copy of your complaint and
of any other documents submitted to the Court. You must send
one additional copy to the Court if you wish to have a
file-stamped copy of the document returned to you. All copies
must be identical to the original. Copies may be legibly
handwritten. This section does not apply to inmates
housed at an Arizona Department of Corrections facility that
participates in electronic filing.
Where to File. You should file your complaint in the
division where you were confined when your rights
were allegedly violated. See LRCiv 5.1(a)
and 77.1(a). If you were confined in Maricopa, Pinal, Yuma,
La Paz, or Gila County, file in the Phoenix Division. If you
were confined in Apache, Navajo, Coconino, Mohave, or Yavapai
County, file in the Prescott Division. If you were confined
in Pima, Cochise, Santa Cruz, Graham, or Greenlee County,
file in the Tucson Division. Mail the original and
one copy of the complaint with the $400 filing and
administrative fees or the application to proceed in forma
Phoenix & Prescott Divisions: U.S. District Court Clerk
U.S. Courthouse, Suite 130 401 West Washington Street, SPC 10
Phoenix, Arizona 85003-2119
Tucson Division: U.S. District Court Clerk U.S. Courthouse,
Suite 1500 405 West Congress Street Tucson, ...