Miller v. Colbert ( 2023 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Ronald Lee Miller, No. CV-22-00293-TUC-JAS 10 Petitioner, ORDER 11 v. 12 Mark Gutierrez, 13 Respondent. 14 15 Pending before the Court is a Report and Recommendation issued by United States 16 Magistrate Judge MacDonald that recommends granting Petitioner’s Motion to Dismiss 17 (Doc. 16). A review of the record reflects that the parties have not filed any objections to 18 the Report and Recommendation and the time to file objections has expired. As such, the 19 Court will not consider any objections or new evidence. 20 The Court has reviewed the record and concludes that Magistrate Judge 21 MacDonald’s recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. 22 R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley 23 v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). 24 /// 25 /// 26 /// 27 /// 28 /// 1 Accordingly, IT IS ORDERED as follows: (1) Magistrate Judge MacDonald’s Report and Recommendation (Doc. 18) is accepted and || adopted. (2) Petitioner’s Motion to Dismiss (Doc. 16) is granted. 5 || (3) This case is referred back to Magistrate Judge MacDonald. 6 Dated this 29th day of March, 2023. 7 8 A ashe. Honorable James A. Soto 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-