Miller v. Owens

Opinion

1 2 3 4 5

9 Cindy Miller, No. CV-21-08167-PCT-DMF

10 Plaintiff, ORDER

11 v.

12 Blake Owens, et al.,

13 Defendants. 14 15 This matter was referred to Magistrate Judge Deborah M. Fine for a Report and 16 Recommendation. (Doc. 4.) On October 4, 2021, the Magistrate Judge filed a Report and 17 Recommendation with this Court. (Doc. 13.) After the filing of the Report and 18 Recommendation, Plaintiff filed two motions to add exhibits to her First Amended 19 Complaint. (Docs. 14, 15.) However, to date, no objections have been filed. 21 The Court “may accept, reject, or modify, in whole or in part, the findings or 22 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v. 23 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the 24 service of a copy of the Magistrate’s recommendation within which to file specific 25 written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to 26 object to a Magistrate Judge’s recommendation relieves the Court of conducting de novo 27 review of the Magistrate Judge’s factual findings and waives all objections to those 28 findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge’s conclusion “is a factor to be weighed in considering the || propriety of finding waiver of an issue on appeal.” Id. 4 Having reviewed the Report and Recommendation of the Magistrate Judge, and no 5 || Objections having been made by any party thereto, the Court hereby incorporates and || adopts the Magistrate Judge’s Report and Recommendation. 8 Accordingly, for the reasons set forth, 9 IT IS HEREBY ORDERED adopting the Report and Recommendation of the □□ Magistrate Judge. (Doc. 13.) 11 IT IS HEREBY ORDERED dismissing without prejudice Plaintiff's First 12 || Amended Complaint. (Doc. 11.) 13 IT IS FURTHER ORDERED denying as moot Plaintiff's motion to add 14|| exhibits. (Docs. 14-15.) 15 IT IS FURTHER ORDERED directing the Clerk of Court to close this matter. 16 Dated this 20th day of October, 2021. 17 18 — Lil nora Hdhorable Stephen M. McNamee 19 Senior United States District Judge 20 21 22 23 24 25 26 27 28

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