Free Order on Motion for Judgment - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Judgment Creditor, ) ) vs. ) ) ) Michael Alaniz; Charles Davis; et al., ) ) Judgment Debtors, ) ) ) Penn Treaty Network America Insurance) Co., ) ) Garnishee. ) Lawrence J. Warfield, as Receiver,

No. CV 03-2390-PHX-JAT ORDER

On December 26, 2007, Judgment-Creditor Lawrence Warfield filed an Application 19 for Judgment on Garnishment against Garnishee Penn Treaty Network America Insurance 20 Co. (Doc. #827). In its Answer, Penn Treaty indicated that it was holding two commission 21 checks totaling $341.28 for Judgment Creditor Robert Carroll. Mr. Carroll is an independent 22 insurance agent, not an employee, of Penn Treaty. 23 On February 28, 2008, the Magistrate Judge issued a Report and Recommendation 24 ("R&R")(Doc. #832) recommending that the Court deny Warfield's Application for 25 Judgment on Garnishment against Garnishee Penn Treaty (Doc. #827). The Magistrate 26 Judge found that the amounts owed to Mr. Carroll were "earnings" exempted from 27 garnishment under Arizona's garnishment statutes. 28
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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). DATED this 13th day of March, 2008.

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