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Lawrence J. Warfield, as Recei v. r, Judgment Creditor,

ORDER

JAMES TEILBORG, District Judge

On December 26, 2007, Judgment-Creditor Lawrence Warfield filed an Application for Judgment on Garnishment against Garnishee Penn Treaty Network America Insurance Co. (Doc. #827). In its Answer, Penn Treaty indicated that it was holding two commission checks totaling $341.28 for Judgment Creditor Robert Carroll. Mr. Carroll is an independent insurance agent, not an employee, of Penn Treaty.

On February 28, 2008, the Magistrate Judge issued a Report and Recommendation ("R R") (Doc. #832) recommending that the Court deny Warfield's Application for Judgment on Garnishment against Garnishee Penn Treaty (Doc. #827). The Magistrate Judge found that the amounts owed to Mr. Carroll were "earnings" exempted from garnishment under Arizona's garnishment statutes.

No party has objected to the R R. Accordingly, the Court hereby accepts the R R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #832) is ACCEPTED; and

IT IS FURTHER ORDERED DENYING Warfield's Application for Judgment on Garnishment against Garnishee Penn Treaty Network America Insurance Co. (Doc. #827).

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