Opinion
Case No.: 2:18-cv-00120-JAD-VCF
04-23-2018
Order Adopting Report and Recommendation and Dismissing Case with Prejudice
[ECF No. 8]
On January 29, 2018, this Court dismissed pro se plaintiffs Neil and Christina Gomez's complaint without prejudice because they improperly sought to vacate a state-court conviction through a 42 U.S.C. § 1983 action. The Gomezes were given until March 30, 2018, to file an amended complaint, and they were warned that "[f]ailure to timely file an amended complaint may result in a recommendation for dismissal with prejudice." The Gomezes have failed to file an amended complaint or otherwise respond to the Court's order. For this reason, Magistrate Judge Cam Ferenbach recommends that I dismiss this case with prejudice.
ECF No. 4.
ECF No. 7 at 1.
ECF No. 8.
Judge Ferenbach issued his recommendation on April 5, 2018, making April 19, 2018, the deadline to file an objection. That deadline has come and gone, and no objection has been filed. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that Magistrate Judge Ferenbach's report and recommendation [ECF No. 8] is ACCEPTED and ADOPTED. Plaintiffs' complaint is DISMISSED with prejudice. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.
Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). --------
Dated: April 23, 2018
/s/_________
U.S. District Judge Jennifer A. Dorsey