Gonzalez 270698 v. Hetmer

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

9 Adan Gonzalez, No. CV-22-01672-PHX-JJT (ESW) 10 Plaintiff, ORDER v. Lance Hetmer, et al., 13 Defendants.

15 At issue is the Report and Recommendation (Doc. 55, “R&R”) entered in this matter by United States Magistrate Judge Eileen S. Willett recommending that the Court dismiss Count 3 of the First Amended Complaint and dismiss several Defendants from the action.

18 In the R&R, Judge Willett warned the parties that they had fourteen days from service of the R&R to file specific objections thereto, and that “failure to file timely objections to the Magistrate Judge’s [R&R] may result in the acceptance of the [R&R] by the District Court without further review. Reyna v. Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).” (R&R at 3.)

22 As the case is subject to electronic filing (Doc. 3) and Plaintiff has access to CM/ECF, the R&R was served on him upon its entry into ECF, on May 18, 2023, and his fourteen days to object to the R&R ran on June 1, 2023. More than two weeks have passed since that deadline and Plaintiff still has filed no objections to the R&R. The Court thus may accept the R&R without further review. It nonetheless reviews the recommendations and their bases on their merits, and upon doing so, concludes Judge Willett’s reasoning is sound and supported in the law.

2 The Court previously dismissed Count Three of the Complaint for the same reasons || Judge Willett now recommends again dismissing it from the First Amended Complaint.

4|| Plaintiff has failed to amend Count Three to include any allegations that support a || conclusion that any defendant named in it took any adverse action against him because of || any protected conduct he engaged in. And Plaintiff fails to state a claim in any of his Counts against Defendants Daniels, Johnson, Doe, Pacheco, Monson, Parks, Sutton or Evans.

8 || Plaintiff names them but fails to tie them through any allegations to any of the remaining claims. Thus the Court will again dismiss them from the operative First Amended || Complaint. This matter will now move forward with the remaining claims and Defendants |} not dismissed.

12 IT IS ORDERED adopting in whole the R&R entered by Judge Willett in this || matter (Doc. 55).

14 IT IS FURTHER ORDERED dismissing Count Three of the operative First || Amended Complaint (Doc. 54).

16 IT IS FURTHER ORDERED dismissing from this action Defendants Daniels, || Johnson, General Counsel Doe, Pacheco, Monson, Parks, Sutton and Evans.

18 Dated this 16th day of June, 2023. CN Unifgd State#District Judge _2-