Nelson v. Shinn

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

9 Delaney Nelson, No. CV-22-01318-PHX-MTL (ESW) 10 Plaintiff, ORDER v. David Shinn, et al., 13 Defendants.

15 Before the Court is the Report and Recommendation of the Magistrate Judge (“R & R”) (Doc. 34) recommending that Defendant Hofer be dismissed without prejudice.

17 Plaintiff has not filed any objections to the R & R. 18 In reviewing an 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).

20 “[T]he district judge must review the magistrate judge’s finding 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 the District Court need not conduct “any review at all . . . of any issue that is not the subject of an objection”). No objections having been received, the Court will accept and adopt the R & R in its entirety.

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1 Accordingly, 2 IT IS ORDERED that the Report and Recommendation (Doc. 34) is accepted.

3 IT IS FURTHER ORDERED that Defendant Hofer is dismissed from this case 4|| without prejudice.

5 Dated this 24th day of May, 2023. ’ Wichal T. Hburde 8 Michael T. Liburdi 9 United States District Judge _2-