Dixon 332031 v. Penzone ( 2021 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Josef Timothy Dixon, No. CV-18-01129-PHX-DWL (JFM) 10 Plaintiff, ORDER 11 v. 12 Paul Penzone, et al., 13 Defendants. 14 15 This is a prisoner civil rights action under 42 U.S.C. § 1983. On October 12, 2021, 16 Defendants filed a motion for summary judgment. (Doc. 78.) Among other things, 17 Defendants argue that at least some of Plaintiff’s claims are barred under Heck v. 18 Humphrey, 512 U.S. 477 (1994). (Id. at 5.) Afterward, Plaintiff filed a motion to stay this 19 case pending resolution of his state-court post-conviction relief (“PCR”) proceedings. 20 (Doc. 82.) Defendants oppose Plaintiff’s stay request. (Doc. 83.) 21 On November 24, 2021, Magistrate Judge Metcalf issued a report and 22 recommendation (“R&R”) concluding that Plaintiff’s stay request should be granted and 23 that Defendants’ summary judgment motion should be denied without prejudice in light of 24 the stay. (Doc. 84 at 4.) 25 Under Rule 72 of the Federal Rules of Civil Procedure, objections to an R&R issued 26 by a magistrate judge are due within 14 days after the issuance of the R&R. Here, no such 27 objections have been filed and the time to object has expired. Thus, the Court accepts the 28 R&R. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 (1985) (“It does not appear that || Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“[N]o 4|| review is required of a magistrate judge’s report and recommendation unless objections are || filed.”). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) 6|| (“[T]he district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise.”). 8 Accordingly, IT IS ORDERED that: 9 1. The R&R (Doc. 84) is accepted. 10 2. Plaintiff’s motion to stay (Doc. 82) is granted. This action is stayed pending || resolution of Plaintiff's pending state-court post-conviction relief proceeding, including any petitions for review therefrom. 13 3. Within 90 days of the issuance of this order, and on the first business day of every third month thereafter, Defendants must file a “Notice of Status” advising the Court || of the pendency of the state-court proceedings. 16 4. Defendants’ motion for summary judgment (Doc. 78) is denied without 17 || prejudice to being refiled upon termination of the stay. 18 Dated this 20th day of December, 2021. 19 20 fm ee” 21 f _o—— Dominic W. Lanza 22 United States District Judge 23 24 25 26 27 28 -2-