Free Order Adopting Report and Recommendations - District Court of Arizona - Arizona


File Size: 28.9 kB
Pages: 2
Date: December 6, 2007
File Format: PDF
State: Arizona
Category: District Court of Arizona
Author: unknown
Word Count: 426 Words, 2,621 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/azd/35412/822.pdf

Download Order Adopting Report and Recommendations - District Court of Arizona ( 28.9 kB)


Preview Order Adopting Report and Recommendations - District Court of Arizona
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Judgment Creditor, ) ) vs. ) ) ) Michael Alaniz; Charles Davis; et al., ) ) Judgment Debtors, ) ) ) ING USA Annuity Life and Insurance Co.,) ) Garnishee. ) ) Lawrence J. Warfield, as Receiver,

No. CV 03-2390-PHX-JAT ORDER

On October 15, 2007, Judgment-Creditor Lawrence Warfield applied for Judgment 19 on Garnishment for non-earnings against Garnishee ING USA Annuity Life and Insurance 20 Co. (Doc. #804). In its Verified Answer, Garnishee ING USA Annuity Life and Insurance 21 Co. indicated that at the time the writ of garnishment was served, ING USA owed the 22 Judgment-Debtor Robert Carroll the total sum of $9,929.11 (Doc. #762 at 1). Judgment23 Debtor Robert Carroll did not file an objection to the writ of garnishment, the Answer of the 24 Garnishee, or the Application for Judgment on Garnishment. On October 22, 2007, the 25 Magistrate Judge issued a Report and Recommendation ("R&R")(Doc. #808) recommending 26 that the Court enter a Judgment on Garnishment against Garnishee ING USA Annuity Life 27 and Insurance Co. in the total sum of $9,929.11. 28
Case 2:03-cv-02390-JAT Document 822 Filed 12/06/2007 Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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). Accordingly, IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #808) is ACCEPTED; and IT IS FURTHER ORDERED GRANTING Warfield's Application for Judgment on Garnishment (Doc. #804) against Garnishee ING USA Annuity Life and Insurance Co. in the amount of $9,929.11. IT IS FURTHER ORDERED that the amounts retained by Garnishee ING USA Annuity Life and Insurance Co. pursuant to the writ of garnishment and this Order are to be immediately paid to Lawrence J. Warfield, as Receiver, c/o its attorney Michael Zdancewicz, P.L.L.C. DATED this 6th day of December, 2007.

-2Case 2:03-cv-02390-JAT Document 822 Filed 12/06/2007 Page 2 of 2