Ramos #242013 v. Arizona Department of Corrections et al
ORDER the 26 Report and Recommendation is ADOPTED IN FULL. ORDERED this case is dismissed without prejudice pursuant to Federal Rule of Civil Procedure Rule 41, and the Clerk shall enter judgment accordingly. IT IS FURTHER ORDERED the docket shall reflect the Court certifies that any appeal of this decision would not be taken in good faith. Signed by Senior Judge Roslyn O Silver on 12/10/2014. (LFIG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Issac Joseph Ramos,
Arizona Department of Corrections, et al.,
Before the Court is a Report and Recommendation from the Magistrate Judge
(Doc. 26) pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b)(1), Fed. R. Civ. P. No
objection to the report and recommendation was filed and the time for doing so has
expired. See Fed. R. Civ. P. 72(b)(2).
In an order filed October 16, 2014 (Doc. 24), the Court observed that the parties’
Rule 26(f) Report (Doc. 23) reported Plaintiff had failed to serve his initial disclosures.
Those disclosures were due by September 29, 2014. (See Doc. 19.) Accordingly, the
Court ordered Plaintiff to either: (1) serve his initial disclosure statement and file a notice
of service; or (2) file a response showing cause why the action should not be dismissed
for failure to prosecute as a result of Plaintiff’s failure to make disclosures as ordered.
(Doc. 24.) To date, Plaintiff has neither filed a notice of service nor responded to the
order to show cause. Therefore, the court accepts the recommended decision of the
United States Magistrate Judge and grants dismissal.
IT IS ORDERED the Report and Recommendation (Doc. 26) is ADOPTED IN
IT IS FURTHER ORDERED this case is dismissed without prejudice pursuant
to Federal Rule of Civil Procedure Rule 41, and the Clerk shall enter judgment
IT IS FURTHER ORDERED the docket shall reflect the Court certifies,
pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a)(3)(A),
that any appeal of this decision would not be taken in good faith.
Dated this 10th day of December, 2014.
Honorable Roslyn O. Silver
Senior United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?