Andrew Marquez Suarez v. Unknown Correa

• Court: District Court, D. Arizona
• Decided: January 26, 2026
• Docket: 2:25-cv-02799
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Andrew Marquez Suarez, No. CV-25-02799-PHX-JAT

10 Plaintiff, ORDER

11 v.

12 Unknown Correa,

13 Defendant. 14 15 Pending before the Court is the report and recommendation from Magistrate Judge 16 Metcalf recommending that this case be dismissed for failure to timely serve. (Doc. 11). 17 The time to file objections to the report and recommendation has expired and no party filed 18 objections. 19 A district court’s review of a Magistrate Judge’s report and recommendation is 20 impacted by whether either party has timely objected. Fed. R. Civ. P. 72(b). It is “clear that 21 the district judge must review the magistrate judge’s findings and recommendations de 22 novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 23 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 F.Supp.2d 24 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo 25 review of factual and legal issues is required if objections are made, ‘but not otherwise.’”); 26 Klamath Siskiyou Wildlands Ctr. v. U.S. Bureau of Land Mgmt., 589 F.3d 1027, 1032 (9th 27 Cir. 2009) (The district court “must review de novo the portions of the [Magistrate Judge’s] 28 recommendations to which the parties object.”). District courts are not required to conduct 1|| “any review at all ... of any issue that is not the subject of an objection.” Thomas v. Arn, 2|| 474 U.S. 140, 149 (1985); see also 28 U.S.C. § 636(b)(1) (“[T]he court shall make a de 3|| novo determination of those portions of the [report and recommendation] to which 4|| objection is made.”’). 5 There being no objections, the Court accepts the report and recommendation. See 6|| 28 U.S.C. § 636(b)(1) (“A [district court judge] may accept, reject, or modify, in whole or 7\| in part, the findings or recommendations made by the magistrate judge.”). Accordingly, 8 IT IS ORDERED that the Report and Recommendation (Doc. 11) is accepted. This 9|| case is dismissed, without prejudice, and the Clerk of the Court shall enter judgment accordingly. 11 Dated this 26th day of January, 2026. 12

14 James A. Teilborg 15 Senior United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28

-2-