Lavey v. Mata

Opinion

1 2 3 4 5

9 Hobbes C Lavey, No. CV-25-00950-PHX-MTM

10 Plaintiff, ORDER

11 v.

12 Julie Ann Mata, et al.,

13 Defendants. 14 15 This matter was assigned to Magistrate Judge Michael T. Morrissey. (Doc. 12). On 16 August 22, 2025, the Magistrate Judge filed a Report and Recommendation with this 17 Court.1 (Doc. 12). The Magistrate Judge has recommended that Plaintiff’s Amended 18 Complaint be dismissed without prejudice. To date, no objections have been filed.

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 The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see □□□□□□ □□□ Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service 4 of a copy of the Magistrate’s recommendation within which to file specific written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge’s recommendation relieves the Court of conducting de novo review of 7\|| the Magistrate Judge’s factual findings and waives all objections to those findings on 8 appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a 9 Magistrate Judge’s conclusion “is a factor to be weighed in considering the propriety of 10 finding waiver of an issue on appeal.” Id. 12 Having reviewed the Report and Recommendation of the Magistrate Judge, and no 13 Objections having been made by any party thereto, the Court hereby incorporates and □□ adopts the Magistrate Judge’s Report and Recommendation. 16 Accordingly, for the reasons set forth, 17 IT IS ORDERED adopting the Report and Recommendation of the Magistrate 18 Judge. (Doc. 12). 19 IT IS FURTHER ORDERED dismissing without leave to amend Plaintiff’s 20 Amended Complaint. (Doc. 10). 21 IT IS FURTHER ORDERED directing the Clerk of Court to terminate this case. 22 Dated this 15th day of September, 2025. 23 Lgl ie one Stephen M. McNamee 25 Senior United States District Judge 26 27 28

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