Reed v. Ryan et al

Filing 14

ORDER ACCEPTING 13 Report and Recommendation of the United States Magistrate Judge and dismissing this action without prejudice. Signed by Judge Frederick J Martone on 9/20/12. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Robert Reed,
Plaintiff,

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vs.

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Charles L. Ryan, et al.,
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Defendants.
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No. CV 12-00248-PHX-FJM
ORDER

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The court has before it plaintiff's complaint (doc. 1) and the Report and

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Recommendation of the United States Magistrate Judge (doc. 13), recommending dismissal

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of this action. Plaintiff filed his complaint on February 6, 2012. On May 29, 2012, the court

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advised plaintiff that he "must complete and return the service packet to the Clerk of Court

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within 21 days of the filing of this Order" (doc. 7 at 7). The summons for the three remaining

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defendants were returned unexecuted. The court issued an order to show cause why this

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action should not be dismissed, to which plaintiff failed to respond (doc. 12). The Magistrate

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Judge recommended dismissing this action without prejudice for failure to comply with Rule

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4(m), Fed. R. Civ. P., and plaintiff failed to respond.

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Dismissal is appropriate pursuant to Rule 4(m), Fed. R. Civ. P., which requires service

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within 120 days after the complaint is filed. If a defendant is not timely served, the court

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"must dismiss the action without prejudice against that defendant or order that service be

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made within a specified time." Plaintiff was warned that his action could be dismissed if he

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failed to properly serve defendants. Not only did he fail to comply with the Federal Rules

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of Civil Procedure, he also failed to comply with or respond to court orders.

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IT IS ORDERED ACCEPTING the recommendation of the United States
Magistrate Judge (doc. 13) and DISMISSING this action without prejudice.
DATED this 20th day of September, 2012.

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