Summary
The United States District Court for the District of Arizona reviewed a Magistrate Judge’s Report and Recommendation in Craig Arthur Iams’s action against the FBI and other defendants. The court modified the recommendation, dismissed the complaint without prejudice and without leave to amend, denied the plaintiff’s pending motions as moot, and directed the Clerk to terminate the action.
Holdings
- The district court may incorporate and modify the magistrate judge's Report and Recommendation, and, after reviewing the unobjected-to recommendation, dismissed the complaint without prejudice and without leave to amend.
- When no party objects to a magistrate judge's recommendation, the district court is relieved of conducting de novo review of the magistrate judge's factual findings, and objections to those findings are waived on appeal.
Questions Presented
- Whether the district court should accept, reject, or modify the magistrate judge's Report and Recommendation when no objections were filed.
- Whether the complaint should be dismissed without prejudice and without leave to amend.
- Whether the plaintiff's application to proceed in forma pauperis, motion to allow electronic filing, and motion for service by U.S. Marshals should be denied as moot.
Disposition
dismissed
Cases Cited (3)
- Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)(followed)
- Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998)(followed)
- Denton v. Hernandez, 504 U.S. 25, 34 (1992)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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