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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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Cleveland Yarrow Cook, Plaintiff, 10 11 ORDER vs. 12 No. CV11-2410 PHX DGC Officer Sgt. Hawthorne, et al., Defendants. 13 14 15 Plaintiff Cleveland Yarrow Cook has filed a civil rights complaint pursuant to 16 28 U.S.C. § 1343(a) and 42 U.S.C. § 1983. Doc. 1. United States Magistrate Judge Mark 17 E. Aspey has issued a report and recommendation (“R&R”) recommending that the 18 complaint be dismissed without prejudice for Plaintiff’s failure to serve the Defendants in 19 this matter and for Plaintiff’s failure to comply with the Court’s orders. Doc. 17. No 20 objection has been filed, which relieves the Court of its obligation to review the R&R. 21 See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 22 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court 23 will accept the R&R and dismiss the complaint without prejudice. 24 IT IS ORDERED: 25 1. The R&R (Doc. 17) is accepted. 26 2. The complaint (Doc. 1) is dismissed without prejudice. 27 3. A certificate of appealability and leave to proceed in forma pauperis on 28 appeal are denied     1 4. The Clerk is directed to terminate this action. 2 Dated this 28th day of June, 2012. 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 ‐ 2 ‐ 

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