Opinion
CV-23-00202-PHX-CDB
04-05-2023
Tyrone C Glasco, Sr., Plaintiff, v. Joseph R Biden, et al., Defendants.
ORDER
Stephen M. McNamee Senior United States District Judge
This matter was assigned to Magistrate Judge Camille D. Bibles. (Doc. 3). On February 21, 2023, the Magistrate Judge filed a Report and Recommendation with this Court. (Doc. 10). Then, Plaintiff filed an Amended Complaint, (Doc. 11), and the Magistrate Judge filed a second Report and Recommendation, (Doc. 12). 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 both Report and Recommendations 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 Recommendations.
CONCLUSION
Accordingly, for the reasons set forth, IT IS ORDERED adopting the second Report and Recommendation of the Magistrate Judge. (Doc. 12).
IT IS ORDERED adopting to the extent it is not moot the first Report and Recommendation. (Doc. 10).
IT IS ORDERED dismissing without prejudice Plaintiff's Amended Complaint. (Doc. 11).
IT IS ORDERED denying as moot Plaintiff's Application to Proceed In Forma Pauperis. (Doc. 2).
IT IS FURTHER ORDERED directing the Clerk of the Court to terminate this matter.