Kline v. Tucson, City of et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
James David Kline,
Plaintiff,
v.
City of Tucson, et al.,
Defendants.
No. CV-26-00018-TUC-JGZ
ORDER
On May 4, 2026, Magistrate Judge Jacqueline M. Rateau issued a Report and
Recommendation (“R&R”) in which she recommended the Court deny Plaintiff’s
Emergency Motion for Temporary Restraining Order and Request for Preservation of
Evidence to Protect Litigation Integrity. (Doc. 22.) The R&R notified Plaintiff he had
fourteen (14) days from the date of the R&R to file any objections. No objections have
been filed.
This Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). “[T]he district
judge must review the magistrate judge’s findings and recommendations de novo if
objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003) (en banc) (emphasis in original). District courts are not required to conduct
“any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,
474 U.S. 140, 149 (1985); see also 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.
The Court has reviewed Judge Rateau’s R&R and Plaintiff’s Motion. The Court
Case 4:26-cv-00018-JGZ-JR Document 25 Filed 05/21/26 Page 1 of 2

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finds the R&R well-reasoned and agrees with Judge Rateau’s conclusion that the Motion
should be denied.
Accordingly,
IT IS ORDERED:
1. The Report and Recommendation (Doc. 22) is accepted and adopted in full.
Plaintiff’s Emergency Motion for Temporary Restraining Order and Request for
Preservation of Evidence to Protect Litigation Integrity (Doc. 21) is denied.
2. This case is referred to Magistrate Judge Jacqueline Rateau for all pretrial
proceedings and report and recommendation in accordance with the provisions of 28
U.S.C. § 636(b)(1) and LR Civ. 72.1 and 72.2. All future filings in this case shall be
designated: CV 26-00018-TUC-JGZ (JR).
Dated this 20th day of May, 2026.
Case 4:26-cv-00018-JGZ-JR Document 25 Filed 05/21/26 Page 2 of 2