Opinion
2:16-cv-01369-JAD-GWF
10-26-2017
Ervin Middleton, Plaintiff v. Omely Telecom Corp., Defendant
Order Adopting Report and Recommendation re: Sam Bateman's Motion to Dismiss
[ECF Nos. 28, 29]
Sam Bateman became a defendant in this case when plaintiff Ervin Middleton filed an unauthorized first amended complaint. That pleading, and the summonses that corresponded to it, were stricken on September 19, 2017, and Bateman is no longer a defendant in this case. Nevertheless, Mr. Bateman filed a motion to dismiss the claims against him. Magistrate Judge Foley recommends that I deny the motion as moot because Mr. Bateman is no longer a party to this case.
ECF No. 19.
ECF No. 28.
ECF No. 29.
The report and recommendation was entered October 11, 2017, making October 25, 2017, the deadline to file an objection. No party has filed an objection to the report and recommendation. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that Magistrate Judge Foley's report and recommendation [ECF No. 29] is ACCEPTED and ADOPTED; Sam Bateman's Motion to Dismiss [ECF No. 28] is DENIED as moot.
Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyn-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). --------
DATED: October 26, 2017.
/s/_________
Jennifer A. Dorsey
United States District Judge