Rigsby v. Arizona, State of et al

Filing 161

ORDER ADOPTING 157 Report and Recommendation, Defendants Anne Reeder and Dora B Schriro are dismissed without prejudice. Signed by Judge David G Campbell on 1/13/14. (LSP)

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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Raymond Earl Rigsby, Plaintiff, 10 11 ORDER vs. 12 No. CV11-1696 PHX DGC (JFM) State of Arizona, et al., Defendants. 13 14 Plaintiff Raymond Earl Rigsby has filed a complaint pursuant to 28 U.S.C. § 1983. 15 Doc. 1. United States Magistrate James F. Metcalf has issued a report and 16 recommendation (“R&R”) recommending that the unserved defendants (Reeder and 17 Schriro) be dismissed without prejudice for failure to effect service. Doc. 157. No 18 objection has been filed, which relieves the Court of its obligation to review the R&R. 19 See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 20 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court 21 will accept the R&R and dismiss the unserved defendants without prejudice. 22 IT IS ORDERED: 23 1. The R&R (Doc. 157) is accepted. 24 2. Defendants Reeder and Schriro are dismissed without prejudice. 25 Dated this 13th day of January, 2014. 26 27 28

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