Miller v. Colbert

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

9 Ronald Lee Miller, No. CV-22-00293-TUC-JAS 10 Petitioner, ORDER v. Mark Gutierrez, 13 Respondent.

15 Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge MacDonald that recommends granting Petitioner’s Motion to Dismiss (Doc. 16). A review of the record reflects that the parties have not filed any objections to the Report and Recommendation and the time to file objections has expired. As such, the Court will not consider any objections or new evidence.

20 The Court has reviewed the record and concludes that Magistrate Judge MacDonald’s recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998).

24 /// /// /// /// /// 1 Accordingly, IT IS ORDERED as follows: (1) Magistrate Judge MacDonald’s Report and Recommendation (Doc. 18) is accepted and || adopted. (2) Petitioner’s Motion to Dismiss (Doc. 16) is granted.

5 || (3) This case is referred back to Magistrate Judge MacDonald.

6 Dated this 29th day of March, 2023.

A ashe.

Honorable James A. Soto 10 United States District Judge -2-