Crawford v. Arpaio

Full title: George Crawford, Plaintiff, v. Joseph M. Arpaio, et al., Defendant

Court: United States District Court, D. Arizona

Date published: Apr 25, 2006

No. CV 05-3258-PHX-JAT (D. Ariz. Apr. 25, 2006)

Opinion

No. CV 05-3258-PHX-JAT.

April 25, 2006

ORDER

JAMES TEILBORG, District Judge

On April 6, 2006, the Magistrate Judge issued a Report and Recommendation recommending that the Complaint in this case be dismissed for failure to prosecute. Plaintiff did not file an objection to the Report and Recommendation (Defendant has not been served or appeared).

This Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). It is "clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003) ( en banc) (emphasis in original); Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1126 (D.Ariz. 2003) ("Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, `but not otherwise.'"). District courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection." Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 U.S.C. § 636(b)(1) ("the court shall make a de novo determination of those portions of the [report and recommendation] to which objection is made.").

However, the Court notes that, in contradiction of Reyna-Tapia and Schmidt, the Magistrate Judge states that her recommendation is subject to the District Court conducting, "its independent review of the record." The Court is unclear whether the Magistrate Judge is attempting to direct this Court to conduct a de novo review or is suggesting some other standard. Nonetheless, consistent with Reyna-Tapia and Schmidt, this Court has not conducted any review because no objections were filed. If Plaintiff failed to file objections in reliance on the Magistrate Judge's admonition to the District Court, Plaintiff may move for reconsideration of this Order within thirty days and shall contemporaneously file his objections with the motion for reconsideration.

Accordingly, because no objections were filed,

IT IS ORDERED that the Report and Recommendation (Doc. #7) is accepted and adopted, the Complaint is dismissed, without prejudice, and the Clerk of the Court shall enter judgment accordingly.