Lewis v. Corizon Health Incorporated

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

9 Carlton J Lewis, No. CV-17-04441-PHX-DLR (CDB) 10 Plaintiff, ORDER v. Corizon Health Incorporated, et al., 13 Defendants.

16 Before the Court are Plaintiff Carlton J Lewis’ Motion to Amend/ Correct Complaint (Doc. 26) along with United States Magistrate Judge Camille D. Bibles’ Report and Recommendation (“R&R”) (Doc. 34). The R&R recommends that the Court deny Plaintiff’s motion. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 22 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . .

25 of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.”). “Unless this court has definite and firm conviction that the [Magistrate Judge] committed a clear error of judgment, [this court] will not disturb [the] decision.” Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990) (citation || omitted).

3 The Court has nonetheless independently reviewed the R&R and finds that it is well- taken. The Court therefore will accept the R&R in its entirety. See 28 U.S.C. § 636(b)(1) || (stating that the district court “may accept, reject, or modify, in whole or in part, the || findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 7\|| district judge may accept, reject, or modify the recommended disposition; receive further || evidence; or return the matter to the magistrate judge with instructions.”’).

9 IT IS ORDERED that Magistrate Judge Bibles’ R&R (Doc. 34) is ACCEPTED.

Plaintiff's Motion to Amend/Correct Complaint (Doc. 26) is DENIED.

11 Dated this 20th day of November, 2019.

14 {Z, 16 Upited States Dictria Judge _2-