Opinion
CV-22-00293-TUC-JAS
03-29-2023
Ronald Lee Miller, Petitioner, v. Mark Gutierrez, Respondent.
ORDER
Honorable James A. Soto United States District Judge
Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge MacDonald that recommends granting Petitioner's Motion to Dismiss (Doc. 16). A review of the record reflects that the parties have not filed any objections to the Report and Recommendation and the time to file objections has expired. As such, the Court will not consider any objections or new evidence.
The Court has reviewed the record and concludes that Magistrate Judge MacDonald's recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F.Supp.2d 1203, 1204 (D. Or. 1998).
Accordingly, IT IS ORDERED as follows:
(1) Magistrate Judge MacDonald's Report and Recommendation (Doc. 18) is accepted and adopted.
(2) Petitioner's Motion to Dismiss (Doc. 16) is granted.
(3) This case is referred back to Magistrate Judge MacDonald.