Opinion
CV-22-01318-PHX-MTL (ESW)
05-24-2023
Delaney Nelson, Plaintiff, v. David Shinn, et al., Defendants.
ORDER
Michael T. Liburdi United States District Judge
Before the Court is the Report and Recommendation of the Magistrate Judge (“R & R”) (Doc. 34) recommending that Defendant Hofer be dismissed without prejudice. Plaintiff has not filed any objections to the R & R.
In reviewing an R & R, the Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). “[T]he district judge must review the magistrate judge's finding and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that the District Court need not conduct “any review at all . . . of any issue that is not the subject of an objection”). No objections having been received, the Court will accept and adopt the R & R in its entirety. ...
Accordingly, IT IS ORDERED that the Report and Recommendation (Doc. 34) is accepted.
IT IS FURTHER ORDERED that Defendant Hofer is dismissed from this case without prejudice.