Taylor v. Arizona, State of et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATION. The Magistrate Judge's 54 Report and Recommendation is accepted; the following Defendants are dismissed without prejudice: Robert Stewart, Jane Doe Stewart, John Doe Struebeck, Jane Doe Struebeck, John Doe Long, Jane Doe Long, John Doe Love, Jane Doe Love, John Doe Lewis, Jane Doe Lewis, John Doe Munz, Jane Doe Munz, John Doe Grabowski, Jane Doe Grabowski, John and Jane I-X Does. Signed by Judge James A Teilborg on 8/10/09. (REW, )

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

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Benjamin Robert Taylor, Plaintiff, vs. State of Arizona; et al, Defendants.

) ) ) ) ) ) ) ) ) ) ) )

No. CV 08-139-PHX-JAT ORDER

On June 18, 2009, the Magistrate Judge ordered Plaintiff to show cause why certain unserved defendants should not be dismissed. (Doc. #50). Plaintiff responded and consented to the dismissal of those defendants. (Doc. #51). Accordingly, on July 17, 2009, the Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. #54) recommending that those defendants be dismissed. 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,

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

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #54) is ACCEPTED; and IT IS FURTHER ORDERED that the following Defendants are dismissed, without prejudice: Robert Stewart Jane Doe Stewart John Doe Struebeck Jane Doe Struebeck John Doe Long Jane Doe Long John Doe Love Jane Doe Love John Doe Lewis Jane Doe Lewis John Doe Munz Jane Doe Munz John Doe Grabowski Jane Doe Grabowski John Does and Jane Does I-X. DATED this 10th day of August, 2009.

-2-