Opinion
Case No. 2:14-cv-01137-APG-CWH
12-22-2014
ALFONSO GARCIA, Plaintiff, v. TRUGREEN LIMITED PARTNERSHIP, et al., Defendants.
Order Accepting Report & Recommendation and Dismissing Case
(Dkt. #17)
On September 26, 2014, Magistrate Judge Ferenbach entered his Order and Report & Recommendation [Dkt. #17] recommending dismissal of all of Plaintiff's claims. No objection has been filed to that Report and Recommendation. Thus, I am 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). The Ninth Circuit has confirmed that a district court is not required to review a magistrate judge's report and recommendation where no objection has been filed. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ("[T]he district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise."); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D.Ariz. 2003) (Based on Thomas and Reyna-Tapia, "district courts are not required to conduct any review at all . . . of any issue that is not the subject of an objection."). Because there is no objection to Magistrate Judge Ferenbach's recommendation, I may accept it without review.
Nevertheless, I have reviewed the issues set forth in the Report & Recommendation. In that document, Magistrate Judge Ferenbach sets forth the proper legal analysis, and the factual basis, for his decision. Therefore,
IT IS HEREBY ORDERED that the Report & Recommendation [Dkt. #17] is accepted, and this case is DISMISSED. The clerk of the court shall enter Judgment accordingly.
Dated: December 22,2014
/s/_________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE