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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Lawrence J. Warfield, as Receiver, Judgment Creditor, vs. Michael Alaniz; Charles Davis; et al.,

13 Judgment Debtors, 14 15 OM Financial Life Insurance Co., 16 Garnishee. 17 18

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No. CV 03-2390-PHX-JAT ORDER

On October 9, 2007, Judgment-Creditor Lawrence Warfield applied for Judgment on 19 Garnishment for non-earnings against Garnishee OM Financial Life Insurance Co. (Doc. 20 #791). In its Verified Answer, Garnishee OM Financial Life Insurance Co. indicated that at 21 the time the writ of garnishment was served, OM Financial owed the Judgment-Debtor 22 Charles Davis the total sum of $7.13. Judgment-Debtor Charles Davis did not file an 23 objection to the writ of garnishment or Application for Judgment on Garnishment. On 24 October 16, 2007, the Magistrate Judge issued a Report and Recommendation ("R&R")(Doc. 25 #806) recommending that the Court enter a Judgment on Garnishment against Garnishee OM 26 Financial Life Insurance Co. in the total sum of $7.13. 27 28
Case 2:03-cv-02390-JAT Document 821 Filed 12/06/2007 Page 1 of 2

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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. #806) is ACCEPTED; and IT IS FURTHER ORDERED GRANTING Warfield's Application for Judgment on Garnishment (Doc. #791) against Garnishee OM Financial Life Insurance Co. in the amount of $7.13. IT IS FURTHER ORDERED that the amounts retained by Garnishee OM Financial 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.

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