Opinion

Brown v. Brown

Court
District Court, D. Arizona
Filed
Apr 10, 2023
Cited by
0 cases
Authority
More cited than 16.9%

The opinion

1

2

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5

6 IN THE UNITED STATES DISTRICT COURT

7 FOR THE DISTRICT OF ARIZONA

8

9 Verna K Brown, No. CV-22-01848-PHX-DMF

10 Plaintiff, ORDER

11 v.

12 Precious Lavern Brown, et al.,

13 Defendants.

14

15 This matter was assigned to Magistrate Judge Deborah M. Fine. (Doc. 3). On March

16 20, 2023, the Magistrate Judge filed a Report and Recommendation with this Court.1 (Doc.

17 14). To date, no objections have been filed.

18 STANDARD OF REVIEW

19 The Court “may accept, reject, or modify, in whole or in part, the findings or

20 1 This case is assigned to a Magistrate Judge. However, not all parties have consented

to the jurisdiction of the Magistrate Judge. Thus, the matter is before this Court pursuant

21 to General Order 21-25, which states in relevant part:

22 When a United States Magistrate Judge to whom a civil action has been

assigned pursuant to Local Rule 3.7(a)(1) considers dismissal to be

23 appropriate but lacks the jurisdiction to do so under 28 U.S.C. § 636(c)(1)

due to incomplete status of election by the parties to consent or not consent

24 to the full authority of the Magistrate Judge,

25 IT IS ORDERED that the Magistrate Judge will prepare a Report and

Recommendation for the Chief United States District Judge or designee.

26

IT IS FURTHER ORDERED designating the following District Court

27 Judges to review and, if deemed suitable, to sign the order of dismissal on

my behalf:

28

Phoenix/Prescott: Senior United States District Judge Stephen M. McNamee

1 || recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see □□□□□□ □□

2|| Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service

3|| of a copy of the Magistrate’s recommendation within which to file specific written

4|| objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a

5 || Magistrate Judge’s recommendation relieves the Court of conducting de novo review of

6|| the Magistrate Judge’s factual findings and waives all objections to those findings on

7\| appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a

8 || Magistrate Judge’s conclusion “is a factor to be weighed in considering the propriety of

9|| finding waiver of an issue on appeal.” Id.

10 DISCUSSION

11 Having reviewed the Report and Recommendation of the Magistrate Judge, and no

12 || Objections having been made by any party thereto, the Court hereby incorporates and

13 || adopts the Magistrate Judge’s Report and Recommendation.

14 CONCLUSION

15 Accordingly, for the reasons set forth,

16 IT IS ORDERED adopting the Report and Recommendation of the Magistrate

|| Judge. (Doc. 14).

18 IT IS FURTHER ORDERED dismissing without prejudice the Complaint.

(Doc. 1).

20 IT IS FURTHER ORDERED directing the Clerk of the Court to terminate this

case.

22 Dated this 10th day of April, 2023.

23

24

25 — Lil nora

Hdhorable Stephen M. McNamee

26 Senior United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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