Tafokitau v. Corrections Corporation of America et al

Filing 48

ORDER - accepting the Report and Recommendation of Magistrate Judge Irwin 46 . FURTHER ORDERED that this action is dismissed without prejudice as against Defendant Kenneth Warden for failure to serve process. Signed by Judge Neil V Wake on 1/29/10. (KMG)

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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 ) ) ) Plaintiff, ) ) vs. ) Corrections Corporation of America, et al.,) ) ) Defendants. ) ) Sidney Tafokitau, No. CV 08-2365 PHX-NVW (JRI) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Before the court is United States Magistrate Judge Jay Irwin's Report and Recommendation ("R & R") (doc. # 46) submitted in accordance with 28 U.S.C. 636(b)(1)(B). The R & R recommended that this action be dismissed without prejudice as against Defendant Kenneth Warden for failure to serve process. No objections were filed. The court has reviewed the R & R and agrees with the magistrate judge's determination and recommendation. Accordingly, the court will accept the R & R and dismiss this action without prejudice as against Defendant Kenneth Warden for failure to serve process. See 28 U.S.C. 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge"). IT IS THEREFORE ORDERED accepting the Report and Recommendation of Magistrate Judge Irwin (doc. #46). 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 FURTHER ORDERED that this action is dismissed without prejudice as against Defendant Kenneth Warden for failure to serve process. DATED this 29th day of January, 2010. -2-

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