Roundtree v. Maricopa Cnty. Special Health Dist. Bd. of Dirs.

Full title: Sheila T. Roundtree, et al., Plaintiffs, v. Maricopa County Special Health…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: Jan 6, 2020

No. CV-19-04813-PHX-DMF (D. Ariz. Jan. 6, 2020)

Opinion

No. CV-19-04813-PHX-DMF

01-06-2020

Sheila T. Roundtree, et al., Plaintiffs, v. Maricopa County Special Health District Board of Directors, et al., Defendants.

Honorable Stephen M. McNamee Senior United States District Judge

ORDER

Before the Court is Plaintiffs' First Amended Complaint. (Doc. 17.) The matter was referred to Magistrate Judge Deborah M. Fine for a Report and Recommendation. (Doc. 22.) On November 15, 2019, Magistrate Judge Fine filed a Report and Recommendation, recommending the Court dismiss without prejudice and without leave to amend Plaintiffs' First Amended Complaint. (Id.) To date, no objections have been filed.

I. 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)(C); Fed. R. Civ. P. 6, 72. Failure to object to a magistrate's recommendation relieves the Court of conducting de novo review of the magistrate'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's conclusion "is a factor to be weighed in considering the propriety of finding waiver of an issue on appeal." Id.

II. DISCUSSION

Having reviewed the Report and Recommendation of Magistrate Judge Fine, and no objections having been made by any party thereto, the Court hereby incorporates and adopts Magistrate Judge Fine's Report and Recommendation.

III. CONCLUSION

Accordingly, for the reasons set forth,

IT IS HEREBY ORDERED adopting the Report and Recommendation of Magistrate Judge Fine. (Doc. 22.)

IT IS FURTHER ORDERED dismissing without prejudice and without leave to amend Plaintiffs' Amended Complaint. (Doc. 17.)

IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly.

Dated this 6th day of January, 2020.

/s/_________

Honorable Stephen M. McNamee

Senior United States District Judge