Perez v. Ryan

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Eric Perez, No. CV-19-05602-PHX-MTL (JFM) Plaintiff, ORDER v.

Charles L Ryan, et al.,

Defendants.

Before the Court is the Report and Recommendation of the Magistrate Judge (R & R) (Doc. 136) recommending that Defendants Denault, Palomino, Wickware, and Reyes be dismissed without prejudice. Neither party has filed objections to the R & R.* Accordingly, the Court hereby accepts the R & R. The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). “[T]he 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); see Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts need not conduct “any review at all . . . of any issue that is not the subject of an objection”). Based on the foregoing,

IT IS ORDERED that the Report and Recommendation (Doc. 136) is accepted.

* Defendants Denault, Palomino, Wickware, and Reyes have not been served and have not appeared.

IT IS FURTHER ORDERED that Defendants Denault, Palomino, Wickware, and Reyes are dismissed without prejudice.

Dated this 18th day of March, 2021.

Wicheal T. Fburde

Michael T. Liburdi United States District Judge