Jennings v. Arizona Department of Corrections

Filing 34

ORDER ACCEPTING REPORT AND RECOMMENDATION 33 and that defendant Brand is dismissed, without prejudice, for failure to serve. Signed by Judge James A Teilborg on 2/6/08. (TLJ)

Jennings v. Arizona Department of Corrections

Doc. 34

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WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) Arizona Department of Corrections; et al.,) ) ) Defendants. ) ) Robert Lee Jennings,

No. CV 07-0212-PHX-JAT ORDER

On January 11, 2008, the Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. #33) recommending that Defendant Brand be dismissed because Plaintiff failed to timely serve said Defendant. No 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. #33) is ACCEPTED; and

Dockets.Justia.com

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IT IS FURTHER ORDERED that Defendant Brand is dismissed, without prejudice, for failure to serve. DATED this 6th day of February, 2008.

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