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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Raymond Earl Rigsby,
Plaintiff,

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ORDER

vs.

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No. CV11-1696 PHX DGC (JFM)

State of Arizona, et al.,
Defendants.

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Plaintiff Raymond Earl Rigsby has filed a complaint pursuant to 28 U.S.C. § 1983.

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Doc. 1.

United States Magistrate James F. Metcalf has issued a report and

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recommendation (“R&R”) recommending that the unserved defendants (Reeder and

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Schriro) be dismissed without prejudice for failure to effect service. Doc. 157. No

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objection has been filed, which relieves the Court of its obligation to review the R&R.

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See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149

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(1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court

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will accept the R&R and dismiss the unserved defendants without prejudice.

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IT IS ORDERED:

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1.

The R&R (Doc. 157) is accepted.

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2.

Defendants Reeder and Schriro are dismissed without prejudice.

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Dated this 13th day of January, 2014.

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