Briones v. Schriro et al

Filing 68

ORDER ADOPTING REPORT AND RECOMMENDATION 67 . Defendant Haley is DISMISSED WITHOUT PREJUDICE for failure to serve. That this case is hereby DISMISSED WITHOUT PREJUDICE for failure to prosecute. Signed by Chief Judge Roslyn O Silver on 10/12/11. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Christopher Edward Briones,
Plaintiff,

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vs.

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Dora B. Schriro; et. al.,
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Defendants.
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No. CV-09-1989-PHX-ROS (JRI)
ORDER

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On August 17, 2011, United States Magistrate Judge Irwin issued a Report and

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Recommendation. (Doc. 67). Plaintiff has not objected to the Report and Recommendation.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party has

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filed timely objections to the magistrate judge's report and recommendations, the district

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court’s review of the part objected to is to be de novo. Id.; see also United States v. Reyna-

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Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of

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factual and legal issues is required if objections are made, but not otherwise.”) (internal

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quotations and citations omitted).
No objections being made, the Court will adopt the Report and Recommendation in

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full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 47) is ADOPTED.

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IT IS ORDERED Defendant Haley is DISMISSED WITHOUT PREJUDICE for

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failure to serve.
IT IS ORDERED this case is hereby DISMISSED WITHOUT PREJUDICE for
failure to prosecute.
DATED this 12th day of October, 2011.

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