Farris 300210 v. Thornell

Opinion

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

9 Marzet Farris, III, No. CV-23-08002-PCT-JAT

10 Petitioner, ORDER

11 v.

12 Attorney General of the State of Arizona, et al., 13 Respondents. 14 15 Pending before the Court is Petitioner’s third motion for extension of time to file 16 objections to the Report and Recommendation (“R&R”). (Doc. 54). As the Court 17 discussed in the two prior Orders, Petitioner has already had considerable time to file 18 objections. Specifically, the R&R was filed on June 20, 2024. The second extension of 19 time gave Petitioner until November 20, 2024, to file objections, or five months from when 20 the R&R issued. 21 The Court recognizes that the R&R is long, which is why the Court found good 22 cause to grant the extensions Petitioner has received thus far. Now Petitioner seeks an 23 additional two weeks to file objections. 24 When this Court receives an R&R, it “may accept, reject, or modify, in whole or in 25 part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 26 636(b)(1). District courts are not required to conduct “any review at all . . . of any issue 27 that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis 28 added); see also 28 U.S.C. § 636(b)(1) (“the court shall make a de novo determination of || those portions of the [report and recommendation] to which objection is made.’”’). 2 The Court will grant Petitioner one last extension. However, the Court still || considers five months to be adequate time to file objections. Thus, the Court still finds November 20, 2024, to be reasonable. Nonetheless, by the time Petitioner filed his third 5 || request for an extension of time on November 18, 2024, and this Court had an opportunity 6 || to review it and prepare an Order, the deadline passed. For this reason, the Court will grant the extension. 8 Petitioner is cautioned, however, that this is the last extension. If his objections are not file by December 4, 2024, the Court will deem Petitioner to have forfeited his 10 || opportunity to file objections; and any untimely objections received after that deadline will 11 || not be considered. Further, as the Court recounted above, the Court will not review any || portion of the R&R de novo if timely objections are not received. 13 Thus, 14 IT IS ORDERED that Petitioner’s motion for extension of time (Doc. 54) is 15 || granted to the limited extent that Petitioner’s objections are due by December 4, 2024. 16 || There will be no further extensions of this deadline. 17 IT IS FURTHER ORDERED that the page limits established in Doc. 51 are 18 || unchanged. 19 Dated this 22nd day of November, 2024. 20 21 a 22 James A. Teilborg 23 Senior United States District Judge 24 25 26 27 28

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