Opinion
CV-23-00254-PHX-MTM
05-15-2023
Tanya L Deri-Alvarado, Plaintiff, v. Waste Management, et al., Defendants.
ORDER
Stephen M. McNamee Senior United States District Judge
This matter was assigned to Magistrate Judge Michael T. Morrissey. (Doc. 3). On April 26, 2022, the Magistrate Judge filed a Report and Recommendation with this Court,recommending that the Plaintiff's Complaint be dismissed with leave to amend. (Doc. 9). 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 by any party thereto, the Court hereby incorporates and adopts the Magistrate Judge's Report and Recommendation.
CONCLUSION
Accordingly, for the reasons set forth, IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge. (Doc. 9).
IT IS FURTHER ORDERED dismissing without prejudice with leave to amend Plaintiff's Complaint. (Doc. 1). Plaintiff may file an amended complaint on or before June 16, 2023. Failure to do so may result in the dismissal of this case without any further notice to Plaintiff.