Holguin 242753 v. Shinn ( 2022 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Elias MN Holguin, No. CV-20-01631-PHX-DLR (JFM) 10 Plaintiff, ORDER 11 v. 12 David Shinn, et al., 13 Defendants. 14 15 16 Before the Court is United States Magistrate Judge Metcalf’s Report and 17 Recommendation (“R&R”) recommending that the Court deny Plaintiff’s Motion for 18 Leave to File Proposed Amended Complaint. (Doc. 88.) The Magistrate Judge advised the 19 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 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (failing to timely 22 object to an R&R waives review of that R&R). 23 Neither party filed objections, which relieves the Court of its obligation to review 24 the R&R. Still, the Court reviewed the R&R and finds it well-taken. The Court accepts 25 the R&R in its entirety. See 28 U.S.C. § 636(b)(1) (stating that the district court “may 26 accept, reject, or modify, in whole or in part, the findings or recommendations made by the 27 magistrate”); Fed. R. Civ. P. 72(b)(3). 28 IT IS ORDERED that the R&R (Doc. 88) is ACCEPTED. 1 IT IS FURTHER ORDERED that Plaintiff's request to amend the schedule and 2|| Motion for Leave to File Proposed Amended Complaint (Doc. 80) are DENIED. 3 Dated this 24th day of August, 2022. 4 5 Ls Ue 8 States Dictric Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-