Rodriguez 317813 v. Ryan

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Fermin Rodriguez, No. CV-19-00169-PHX-JAT 10 Petitioner, ORDER v. Charles L Ryan, et al., 13 Respondents.

15 Pending before the Court is the Report and Recommendation (R&R) from the Magistrate Judge to whom this case was assigned recommending that this case be dismissed for failure to prosecute. (Doc. 18). This Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 19 U.S.C. § 636(b)(1). It is “clear that the district judge must review the magistrate judge’s findings 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); Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna- Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, ‘but not otherwise.’”). In this case, no objections to the R&R have been received.

26 Therefore, 27 IT IS ORDERED that the Report and Recommendation (Doc. 18) is accepted.

28 IT IS FURTHER ORDERED that the Petition is dismissed, without prejudice, for || failure to prosecute and the Clerk of the Court shall enter judgment accordingly.

2 IT IS FURTHER ORDERED that a certificate of appealability is denied.

3 Dated this Ist day of November, 2019.

5 ' ° James A. CO 7 Senior United States District Judge _2-