Dinsbach v. Harris
Trial Court Opinion
6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA
9 Alexis Gabrielle Dinsbach, No. CV-18-03595-PHX-GMS (DMF) 10 Plaintiff, ORDER v. Candice Harris, et al., 13 Defendants.
16 Pending before the Court is a Motion for Sanctions and Notice of Good Faith Conferral filed by Defendants Maricopa County and Penzone (Doc. 81) and Magistrate Deborah M. Fine’s Report and Recommendation (“R&R”) (Doc. 88). The R&R recommends that the Court grant the Motion for Sanctions (Doc. 81). 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. Id. at 7 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 23 1114, 1121 (9th Cir. 2003)).
24 The parties did not file 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 . . . 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.”). The Court will accept the R&R and grant the Motion for Sanctions. See 28 2|| 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 district judge may accept, reject, or modify the recommended disposition; || receive further evidence; or return the matter to the magistrate judge with instructions.”).
6 IT IS ORDERED: 7 1. Magistrate Judge Deborah M. Fine’s R&R (Doc. 88) is accepted.
8 2. Defendants’ Motion for Sanctions (Doc. 81) is granted pursuant to the R&R (Doc. 88).
10 Dated this 9th day of September, 2020. i - 12 A Whacrsay Sooo) 13 Chief United States District Judge _2-
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