Kirkwood v. Penzone ( 2022 )

1 SH 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Manuel Jay Kirkwood, No. CV-21-00856-PHX-MTL 10 Plaintiff, ORDER 11 v. 12 Paul Penzone, et al., 13 Defendants. 14 Pending before the Court is the Report and Recommendation (R&R) of Magistrate 15 Judge John Z. Boyle (Doc. 20) recommending that Plaintiff’s Complaint (Doc. 1) and this 16 action be dismissed for failure to comply with the Court’s rules and orders and that 17 Defendant’s Motion to Dismiss (Doc. 16) and Motion for Stay of Discovery Deadlines 18 (Doc. 17) be denied as moot. 19 Neither party filed objections to the R&R. The Court is therefore not obligated to 20 review the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district 21 courts are not required to conduct “any review at all . . . of any issue that is not the 22 subject of an objection”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 23 2003) (en banc) (“[28 U.S.C. § 636(b)(1)(C)] makes it clear that the district judge must 24 review the magistrate judge’s findings and recommendations de novo if objection is 25 made, but not otherwise”). Even so, the Court has reviewed Judge Boyle’s R&R and 26 adopts it. 27 Accordingly, Plaintiff’s Complaint and this action will be dismissed without 28 prejudice. 1| ITIS ORDERED: 2 (1) The Magistrate Judge’s Report and Recommendation (Doc. 20) is accepted and adopted. 4 (2) Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, this action is dismissed without prejudice. 6 (3) Defendant’s Motion to Dismiss (Doc. 16) and Motion for Stay of Discovery Deadlines (Doc. 17) are denied as moot. 8 (4) The Clerk of Court is directed to enter judgment accordingly and terminate this action. 10 Dated this 5th day of April, 2022. 11 WMichak T. dihurdle 13 Michael T. Liburdi 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-