Opinion
CV-20-01245-PHX-DJH (JZB)
10-24-2022
Jason Phillip Fenty, Plaintiff, v. Joshua Hickman, et al., Defendants.
ORDER
HONORABLE DIANE J. HUMETEWA UNITED STATES DISTRICT JUDGE
This matter is before the Court on Petitioner's Motion to Amend Complaint (Doc. 27) and the Report and Recommendation (“R&R”) (Doc. 30) issued by United States Magistrate Judge John Z. Boyle on May 17, 2022. Judge Boyle recommends denying Petitioner's Motion to Amend on the grounds that each claim alleged is futile. (Doc. 30 at 11).
Judge Boyle advised the parties that they had fourteen days to file objections and that the failure to timely do so “may result in the acceptance of the Report and Recommendation by the District Court without further review.” (Id.) (citing United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Petitioner has not filed an objection and the time to do so has expired. Respondents have also not filed an objection. Absent any objections, the Court is not required to review the findings and recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (noting that the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on its face require any review at all . . . of any issue that is not the subject of an objection.”); Reyna-Tapia, 328 F.3d at 1121 (same); 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.”).
Nonetheless, the Court has reviewed Judge Boyle's well-reasoned R&R and agrees with its findings and recommendations. The Court will, therefore, accept the R&R and deny the Motion to Amend. See 28 U.S.C. § 636(b)(1) (“A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).
Accordingly, IT IS ORDERED that Magistrate Judge Boyle's Report and Recommendation (Doc. 30) is ACCEPTED and ADOPTED as the Order of this Court.
IT IS FURTHER ORDERED Petitioner's Motion to Amend (Doc. 27) is DENIED.