Walker et al v. Walker et al, No. 2:2021cv00904 - Document 10 (D. Ariz. 2021)
Court Description: MEMORANDUM OF DECISION AND ORDER: IT IS HEREBY ORDERED that the Court adopts the Report and Recommendation of the Magistrate Judge. (Doc. 5 .) IT IS FURTHER ORDERED dismissing with prejudice Plaintiffs' Complaint. (Doc. 1 .) IT IS FURTHER ORD ERED denying as moot Plaintiffs' motion for leave to proceed without prepayment of costs and fees. (Doc. 2 .) IT IS FURTHER ORDERED directing the Clerk of Court to close this matter. (See Order for full details.) Signed by Senior Judge Stephen M McNamee on 6/28/21. (SST)
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Walker et al v. Walker et al Doc. 10 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Samantha Romel Walker, et al., Plaintiffs, 10 11 v. 12 Renee Walker, et al., 13 NO. CV-21-00904-PHX-CDB MEMORANDUM OF DECISION AND ORDER Defendants. 14 15 The matter was referred to Magistrate Judge Camille D. Bibles for a Report and 16 Recommendation. (Doc. 3.) On June 3, 2021, the Magistrate Judge filed a Report and 17 Recommendation with this Court. (Doc. 5.) To date, no objections have been filed. 18 STANDARD OF REVIEW 19 The Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v. 21 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the 22 service of a copy of the Magistrate’s recommendation within which to file specific 23 written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to 24 object to a Magistrate Judge’s recommendation relieves the Court of conducting de novo 25 review of the Magistrate Judge’s factual findings and waives all objections to those 26 findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure 27 to object to a Magistrate Judge’s conclusion “is a factor to be weighed in considering the 28 propriety of finding waiver of an issue on appeal.” Id. Dockets.Justia.com 1 DISCUSSION 2 Having reviewed the Report and Recommendation of the Magistrate Judge, and no 3 Objections having been made by any party thereto, the Court hereby incorporates and 4 adopts the Magistrate Judge’s Report and Recommendation. CONCLUSION 5 6 Accordingly, for the reasons set forth, 7 IT IS HEREBY ORDERED that the Court adopts the Report and 8 9 10 11 12 Recommendation of the Magistrate Judge. (Doc. 5.) IT IS FURTHER ORDERED dismissing with prejudice Plaintiffs’ Complaint. (Doc. 1.) IT IS FURTHER ORDERED denying as moot Plaintiffs’ motion for leave to proceed without prepayment of costs and fees. (Doc. 2.) 13 IT IS FURTHER ORDERED directing the Clerk of Court to close this matter. 14 Dated this 28th day of June, 2021. 15 16 Honorable Stephen M. McNamee Senior United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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