Tapia v. Alexander et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATION 38 . ORDER denying 27 Defendants' Motion to Dismiss. Signed by Judge Susan R Bolton on 9/10/13. (TLJ)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 David Artemio Tapia, Plaintiff, 10 11 ORDER v. 12 No. CV-12-02265-PHX-SRB Unknown Alexander, et al., 13 Defendants. 14 15 Plaintiff filed his Complaint on October 23, 2013. On June 26, 2013 Defendants 16 filed a Motion to Dismiss L. Clawson and S. Miller With Prejudice. On July 24, 2013 17 Plaintiff filed a Response to the Motion to Dismiss. No reply was filed. 18 On August 21, 2013 the Magistrate Judge issued his Report and Recommendation 19 recommending that Defendants’ Motion to Dismiss be denied. The time to file objections 20 to the Report and Recommendation has expired and no objections have been filed. 21 22 IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court. 23 IT IS FURTHER ORDERED denying Defendants’ Motion to Dismiss. (Doc. 27) 24 Dated this 10th day of September, 2013. 25 26 27 28

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