Opinion
CV-21-01504-PHX-CDB
10-05-2021
Kyle Thompson, Plaintiff, v. United States of America, et al., Defendants.
ORDER
STEPHEN M. MCNAMEE, SENIOR UNITED STATES DISTRICT JUDGE
This matter was assigned to Magistrate Judge Camille D. Bibles for a Report and Recommendation. (Doc. 3.) On September 16, 2021, the Magistrate Judge filed a Report and Recommendation with this Court. (Doc. 5.) To date, no objections have been filed.
STANDARD OF REVIEW
The Court Amay 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 Ais a factor to be weighed in considering the propriety of finding waiver of an issue on appeal.@ Id. 1
DISCUSSION
Having reviewed the Report and Recommendation 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 Recommendation.
CONCLUSION
Accordingly, for the reasons set forth, IT IS HEREBY ORDERED that the Court adopts the Report and Recommendation of the Magistrate Judge. (Doc. 5.)
IT IS FURTHER ORDERED dismissing without prejudice Plaintiffs Complaint. (Doc. 1.)
IT IS FURTHER ORDERED denying as moot Plaintiffs Application for Leave to Proceed In Forma Pauperis. (Doc. 2.)
IT IS FURTHER ORDERED directing the Clerk of the Court to terminate this action. 2