Daniel v. Powers ( 2019 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Chad Duane Daniel, No. CV-18-08296-PCT-GMS (ESW) 10 Plaintiff, ORDER 11 v. 12 Unknown Powers, et al., 13 Defendants. 14 15 Pending before the Court are Plaintiff’s First Amended Complaint (Doc. 21) and 16 United States Magistrate Judge Eileen S. Willett’s Report and Recommendation (“R&R”) 17 (Doc. 32). The R&R recommends that the Court dismiss Count VII, Defendant Apache 18 County and Defendant Apache County Jail from this action. The Magistrate Judge advised 19 the parties that they had fourteen days to file objections to the R&R and that failure to file 20 timely objections could be considered a waiver of the right to obtain review of the R&R. 21 See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. 22 The parties did not file objections, which relieves the Court of its obligation to 23 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 24 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 25 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 26 determine de novo any part of the magistrate judge’s disposition that has been properly 27 objected to.”). The Court will accept the R&R and dismiss Count VII, Defendant Apache 28 County and Defendant Apache County Jail from this action. See 28 U.S.C. § 636(b)(1) || (stating that the district court “may accept, reject, or modify, in whole or in part, the 2|| findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 3|| district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). 5 IT IS ORDERED accepting Magistrate Judge Eileen S. Willett’s R&R (Doc.32). 6 IT IS FURTHER ORDERED dismissing Defendant Apache County Jail from this action. 8 IT IS FURTHER ORDERED dismissing Count VII and Defendant Apache County 9|| from this action. 10 Dated this 11th day of September, 2019. Wars ) A Whacrsay Sooo) 13 Chief United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-