Gonzalez 270698 v. Hetmer

Opinion

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9 Adan Gonzalez, No. CV-22-01672-PHX-JJT (ESW)

10 Plaintiff, ORDER

11 v.

12 Lance Hetmer, et al.,

13 Defendants. 14 15 At issue is the Report and Recommendation (Doc. 55, “R&R”) entered in this matter 16 by United States Magistrate Judge Eileen S. Willett recommending that the Court dismiss 17 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 19 the R&R to file specific objections thereto, and that “failure to file timely objections to the 20 Magistrate Judge’s [R&R] may result in the acceptance of the [R&R] by the District Court 21 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 23 R&R was served on him upon its entry into ECF, on May 18, 2023, and his fourteen days 24 to object to the R&R ran on June 1, 2023. More than two weeks have passed since that 25 deadline and Plaintiff still has filed no objections to the R&R. The Court thus may accept 26 the R&R without further review. It nonetheless reviews the recommendations and their 27 bases on their merits, and upon doing so, concludes Judge Willett’s reasoning is sound and 28 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 5 || conclusion that any defendant named in it took any adverse action against him because of 6 || 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 10 || Complaint. This matter will now move forward with the remaining claims and Defendants 11 |} not dismissed. 12 IT IS ORDERED adopting in whole the R&R entered by Judge Willett in this 13 || matter (Doc. 55). 14 IT IS FURTHER ORDERED dismissing Count Three of the operative First 15 || 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

20 Unifgd State#District Judge 21 22 23 24 25 26 27 28

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