1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Antoine Lavelle Simmons, No. CV-23-01620-PHX-DJH 10 Plaintiff, ORDER 11 v. 12 Ryan Thornell, et al., 13 Defendants. 14 15 Before the Court is Magistrate Judge James F. Metcalf’s Report and 16 Recommendation (“R&R”) (Doc. 32) recommending this matter be dismissed without 17 prejudice for failure to prosecute this action. 18 Judge Metcalf advised the parties that they had fourteen days to file objections and 19 that the failure to timely do so “may result in the acceptance of the Report and 20 Recommendation by the District Court without further review.” (Id. at 5) (citing United 21 States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Petitioner has not 22 filed an objection and the time to do so has expired. Respondents have also not filed an 23 objection. Absent any objections, the Court is not required to review the findings and 24 recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (noting that 25 the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on 26 its face require any review at all . . . of any issue that is not the subject of an objection.”); 27 Reyna-Tapia, 328 F.3d at 1121 (same); Fed.R.Civ.P. 72(b)(3) (“The district judge must 28 determine de novo any part of the magistrate judge’s disposition that has been properly objected to.”). 2 Nonetheless, the Court has reviewed Judge Metcalf’s well-reasoned R&R and || agrees with its findings and recommendations. The Court will, therefore, accept the R&R and dismiss this action without prejudice. See 28 U.S.C. § 636(b)(1) (“A judge of the 5 || court may accept, reject, or modify, in whole or in part, the findings or recommendations 6 || made by the magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same). 7 IT IS ORDERED that Magistrate Judge James F. Metcalf’s Report and 8 || Recommendation (“R&R”) (Doc. 32) is adopted as the Order of this Court. The Clerk of Court is kindly ordered to dismiss this matter, without prejudice, and enter judgment || accordingly. 11 Dated this 29th day of August, 2024. 12 13 oC. . pga □□ 14 norable'Diang4. Humetewa 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-