Brown v. Wormuth

D. Arizona

Brown v. Wormuth

DecidedSeptember 30, 2024

Docket4:21-cv-00477

StatusUnknown

This text of Brown v. Wormuth (Brown v. Wormuth) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown v. Wormuth, (D. Ariz. 2024).

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

9 Nichol L Brown, No. CV-21-00477-TUC-RM (MSA)

10 Plaintiff, ORDER

11 v.

12 Christine E Wormuth,

13 Defendant. 14 15 On July 26, 2024, Magistrate Judge Maria S. Aguilera issued a Report and 16 Recommendation (Doc. 108), recommending that this Court grant Defendant’s Motion 17 for Summary Judgment (Doc. 87). No objections to the Report and Recommendation 18 were filed. 19 A district judge must “make a de novo determination of those portions” of a 20 magistrate judge’s “report or specified proposed findings or recommendations to which 21 objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 22 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 23 filed, the court need only satisfy itself that there is no clear error on the face of the record 24 in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 25 advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 26 F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 27 district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, 28 CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 1 || clear error unobjected-to portions of Report and Recommendation). 2 The Court has reviewed Magistrate Judge Aguilera’s Report and || Recommendation, the parties’ briefs, and the record. The Court finds no clear error in 4|| Magistrate Judge Aguilera’s Report and Recommendation. Accordingly, 5 IT IS ORDERED that the Report and Recommendation (Doc. 108) is accepted || and adopted in full. 7 IT IS FURTHER ORDERED that Defendant’s Motion for Summary Judgment || (Doc. 87) is granted. The Clerk of Court is directed to enter judgment in favor of 9|| Defendant and close this case. 10 Dated this 30th day of September, 2024. 11 12

14 DH Wt 2 □□ Honorable Rostehary Mafquez 15 United States District □□□□□ 16 17 18 19 20 21 22 23 24 25 26 27 28

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

9 Nichol L Brown, No. CV-21-00477-TUC-RM (MSA)

10 Plaintiff, ORDER

11 v.

12 Christine E Wormuth,

13 Defendant. 14 15 On July 26, 2024, Magistrate Judge Maria S. Aguilera issued a Report and 16 Recommendation (Doc. 108), recommending that this Court grant Defendant’s Motion 17 for Summary Judgment (Doc. 87). No objections to the Report and Recommendation 18 were filed. 19 A district judge must “make a de novo determination of those portions” of a 20 magistrate judge’s “report or specified proposed findings or recommendations to which 21 objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 22 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 23 filed, the court need only satisfy itself that there is no clear error on the face of the record 24 in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 25 advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 26 F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 27 district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, 28 CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 1 || clear error unobjected-to portions of Report and Recommendation). 2 The Court has reviewed Magistrate Judge Aguilera’s Report and || Recommendation, the parties’ briefs, and the record. The Court finds no clear error in 4|| Magistrate Judge Aguilera’s Report and Recommendation. Accordingly, 5 IT IS ORDERED that the Report and Recommendation (Doc. 108) is accepted || and adopted in full. 7 IT IS FURTHER ORDERED that Defendant’s Motion for Summary Judgment || (Doc. 87) is granted. The Clerk of Court is directed to enter judgment in favor of 9|| Defendant and close this case. 10 Dated this 30th day of September, 2024. 11 12

14 DH Wt 2 □□ Honorable Rostehary Mafquez 15 United States District □□□□□ 16 17 18 19 20 21 22 23 24 25 26 27 28

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