Rider v. Mercy Care

Opinion

1 2 3 4 5

9 Lamont Rider, No. CV-23-02373-PHX-ESW

10 Plaintiff, ORDER

11 v.

12 Mercy Care,

13 Defendant. 14 15 This matter was assigned to Magistrate Judge Eileen S. Willett. (Doc. 10) On 16 August 29, 2024 the Magistrate Judge filed a Report and Recommendation with this Court.1 17 (Doc. 14). The Magistrate Judge recommends that the Plaintiff’s Complaint be dismissed 18 without prejudice pursuant to Federal Rule of Civil Procedure 41(b). To date, no objections 19 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|| STANDARD OF REVIEW 2 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 5|| of a copy of the Magistrate’s recommendation within which to file specific written 6 || objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a 7\|| Magistrate Judge’s recommendation relieves the Court of conducting de novo review of 8 || the Magistrate Judge’s factual findings and waives all objections to those findings on 9|| 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 11 || finding waiver of an issue on appeal.” Id. 12} DISCUSSION 13 Having reviewed the Report and Recommendation of the Magistrate Judge, and no Objections having been made by any party thereto, the Court hereby incorporates and 15 || adopts the Magistrate Judge’s Report and Recommendation. CONCLUSION 17 Accordingly, for the reasons set forth, 18 IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge. (Doc. 10). 20 IT IS FURTHER ORDERED dismissing the Complaint (Doc. 1) without prejudice for failure to prosecute. 22 Dated this 20th day of September, 2024. 23 24 25 — Lil nora Hdhorable Stephen M. McNamee 26 Senior United States District Judge 27 28

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