Nealy, Jr. 209732 v. Shinn

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

9 Charles E Nealy, No. CV-20-01123-PHX-DLR (JFM) 10 Plaintiff, ORDER v. David Shinn, et al., 13 Defendants.

16 Before the Court is Plaintiff’s Motion to Extend (Doc. 90), seeking a 90-day extension of time to file a notice of substitution naming the fictitiously named Defendant John Doe, and United States Magistrate Judge James F. Metcalf’s Recommendation (“R&R”) (Doc. 95). The R&R recommends that the Court deny the motion and dismiss the John Doe defendant. 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 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 . . . 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 has nonetheless reviewed the R&R and finds || that it is well-taken. The Court will accept the R&R in its entirety. See 28 U.S.C. § 2|| 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 4|| 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 that the R&R (Doc. 95) is ACCEPTED. Plaintiff’s motion to 7|| extend (Doc. 90) is DENIED and the fictitious defendant John Doe is dismissed without || prejudice.

9 Dated this 18th day of August, 2021.

12 , {Z, 13 _- Ae 14 Used States Dictrid Judge _2-