Opinion
No. CV-15-02479-PHX-SPL (DMF)
07-26-2016
Scott Warren Boe, Plaintiff, v. Charles L. Ryan, et al., Defendants.
ORDER
On April 28, 2016, Plaintiff Scott Warren Boe filed a Motion for Leave to File Supplemental Pleading (Doc. 38), in which he requests permission to file a lodged second amended complaint. On July 6, 2016, the Honorable Deborah M. Fine, United States Magistrate Judge, issued a Report and Recommendation ("R&R") (Doc. 45), recommending that the Court deny the motion. Judge Fine advised Plaintiff that he had fourteen (14) days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See also 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
No timely objection has been filed, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will adopt the R&R and deny the motion. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions."). Accordingly,
IT IS ORDERED that Magistrate Judge's Report and Recommendation (Doc. 45) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that Motion for Leave to File Supplemental Pleading (Doc. 38) is denied.
Dated this 26th day of July, 2016.
/s/_________
Honorable Steven P. Logan
United States District Judge