Cook v. Hawthorne et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION. The 17 Report and Recommendation is accepted; the complaint 1 is dismissed without prejudice; a Certificate of Appealabiltiy and leave to proceed in forma pauperis on appeal are denied; the Clerk is directed to terminate this action. Signed by Judge David G Campbell on 6/28/12. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Cleveland Yarrow Cook,
Plaintiff,

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ORDER

vs.

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No. CV11-2410 PHX DGC

Officer Sgt. Hawthorne, et al.,
Defendants.

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Plaintiff Cleveland Yarrow Cook has filed a civil rights complaint pursuant to

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28 U.S.C. § 1343(a) and 42 U.S.C. § 1983. Doc. 1. United States Magistrate Judge Mark

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E. Aspey has issued a report and recommendation (“R&R”) recommending that the

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complaint be dismissed without prejudice for Plaintiff’s failure to serve the Defendants in

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this matter and for Plaintiff’s failure to comply with the Court’s orders. Doc. 17. 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 complaint without prejudice.

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IT IS ORDERED:

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1.

The R&R (Doc. 17) is accepted.

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2.

The complaint (Doc. 1) is dismissed without prejudice.

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3.

A certificate of appealability and leave to proceed in forma pauperis on

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appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 28th day of June, 2012.

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