Opinion
CV-23-00046-TUC-LCK
11-13-2023
Diane Briscoe, Plaintiff, v. United States Air Force, Davis Monthan Air Force Base, et al., Defendants.
ORDER
Honorable Raner C. Collins Senior United States District Judge
On October 25, 2023, United States Magistrate Judge Lynette C. Kimmins issued a Report and Recommendation (“R&R”) in which she recommended the Court enter an order dismissing Plaintiff Diane Briscoe's Amended Complaint for lack of subject matter jurisdiction. (Doc. 19.) The R&R notified the parties that they had fourteen (14) days from the date of the R&R to file any objections. As of the date of this Order, no objections have been filed.
Where neither party objects to a Magistrate Judge's Report and Recommendation, the District Court is not required to review the Magistrate Judge's decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute guiding review “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Id. at 154.
In this matter, the Court has reviewed and considered the Complaint (Doc. 1), the Amended Complaint (Doc. 18), and the R&R (Doc. 19). The Court finds that the R&R is well-reasoned and agrees with the conclusions reached by Judge Kimmins.
Accordingly, IT IS ORDERED:
1. The R&R is ADOPTED. (Doc. 19.)
2. Plaintiff's Amended Complaint is DISMISSED. (Doc. 18.)
3. The Clerk of Court shall docket accordingly and close the case file in this matter.