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Jesus Espinoza Colirio, Plaintiff, v. Joseph Arpaio, Defendant.

ORDER

JAMES TEILBORG, District Judge

On September 12, 2006, the Magistrate Judge issued a Report and Recommendation ("R R") (Doc. #5) recommending that this case be dismissed for failure to prosecute.

Neither party has filed objections 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).

Defendant has not been served and has not appeared.

Accordingly,
IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #5) is ACCEPTED; and

IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute; and the clerk of the court shall enter judgment accordingly.

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COLIRIO v. ARPAIO
(Feb 1, 2007)