Evans v. Evans ( 2023 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Austin Chance Evans, No. CV-23-00418-TUC-EJM 10 Plaintiff, ORDER 11 v. 12 Jordan Holiday Evans, 13 Defendant. 14 On September 8, 2023, Magistrate Judge Eric J. Markovich issued a Report and 15 Recommendation, pursuant to General Order 21-25, recommending the undersigned 16 grant Plaintiff's in forma pauperis application and dismiss Plaintiff's complaint for failure 17 to state a claim. (Doc. 7.) The magistrate judge allowed fourteen days for objections. No 18 objections were filed. On October 3, 2023 Plaintiff filed a Notice of Settlement, 19 indicating the parties had reached a settlement and asking the court that "this case be 20 entered in as settled and closed." (Doc. 10.) 21 If neither party objects to a magistrate judge’s report and recommendation, the 22 District Court is not required to review the magistrate judge’s decision under any 23 specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the 24 statute for review of a magistrate judge’s recommendation “does not preclude further 25 review by the district judge, sua sponte or at the request of a party, under a de novo or 26 any other standard.” Id. at 154. 27 The Court has independently reviewed the complaint (Doc. 1), the Application for 28 Leave to Proceed In Forma Pauperis (Doc. 2), Judge Markovich's R&R (Doc. 7), and !|| Plaintiff's Notice of Settlement (Doc. 10). The Court finds the R&R well-reasoned and 2|| agrees with Judge Markovich’s conclusion that Plaintiff has failed to state a claim and 3|| amendment is futile. Moreover, it appears Plaintiff no longer wishes to litigate his claims. 4 Accordingly, IT IS ORDERED the R&R is ADOPTED (Doc. 7) and Austin 5 || Chance Evans’s Complaint is DISMISSED with prejudice. (Doc. 1). IT IS FURTHER 6|| ORDERED Plaintiff's Application for Leave to Proceed In Forma Pauperis is 7|| GRANTED. (Doc. 2.) The Clerk of Court shall docket accordingly and close the case file 8 || in this matter. 9 Dated this 5th day of October, 2023. 10 11 12 f 7 Dp 13 f Honorable Raner ©. Collins 14 merior United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-