Opinion
NO. CV-18-02598-PHX-ESW
02-25-2019
Ralph Alvarado, Plaintiff, v. United States Government, et al., Defendants.
ORDER
Before the Court is Plaintiff Ralph Alvarado's Motion for Discovery to Reopen This Case. (Doc. 14.) The matter was referred to Magistrate Judge Eileen S. Willett for a Report and Recommendation. (Doc. 3.) On February 1, 2019, the Magistrate Judge filed a Report and Recommendation with this Court. (Doc. 16.) To date, no objections have been filed.
STANDARD OF REVIEW
The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1)(C); see Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service of a copy of the Magistrate's recommendation within which to file specific written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge's recommendation relieves the Court of conducting de novo review of the Magistrate Judge's factual findings and waives all objections to those findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge's conclusion "is a factor to be weighed in considering the propriety of finding waiver of an issue on appeal." Id.
DISCUSSION
Having reviewed the Report and Recommendation of the Magistrate Judge, and no objections having been made, the Court hereby incorporates and adopts the Magistrate Judge's Report and Recommendation.
CONCLUSION
Accordingly, for the reasons set forth,
IT IS HEREBY ORDERED adopting the Report and Recommendation of the Magistrate Judge. (Doc. 16.)
IT IS FURTHER ORDERED denying Plaintiff's Motion for Discovery to Reopen This Case. (Doc. 14.)
Dated this 25th day of February, 2019.
/s/_________
Honorable Stephen M. McNamee
Senior United States District Judge