Ramos #242013 v. Arizona Department of Corrections et al

Filing 27

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)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Issac Joseph Ramos,

No. CV-13-00887-PHX-ROS
Plaintiff,

10
11

v.

12

ORDER

Arizona Department of Corrections, et al.,

13

Defendants.

14
15

Before the Court is a Report and Recommendation from the Magistrate Judge

16

(Doc. 26) pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b)(1), Fed. R. Civ. P. No

17

objection to the report and recommendation was filed and the time for doing so has

18

expired. See Fed. R. Civ. P. 72(b)(2).

19

In an order filed October 16, 2014 (Doc. 24), the Court observed that the parties’

20

Rule 26(f) Report (Doc. 23) reported Plaintiff had failed to serve his initial disclosures.

21

Those disclosures were due by September 29, 2014. (See Doc. 19.) Accordingly, the

22

Court ordered Plaintiff to either: (1) serve his initial disclosure statement and file a notice

23

of service; or (2) file a response showing cause why the action should not be dismissed

24

for failure to prosecute as a result of Plaintiff’s failure to make disclosures as ordered.

25

(Doc. 24.) To date, Plaintiff has neither filed a notice of service nor responded to the

26

order to show cause. Therefore, the court accepts the recommended decision of the

27

United States Magistrate Judge and grants dismissal.

28

Accordingly,

1
2

IT IS ORDERED the Report and Recommendation (Doc. 26) is ADOPTED IN
FULL.

3

IT IS FURTHER ORDERED this case is dismissed without prejudice pursuant

4

to Federal Rule of Civil Procedure Rule 41, and the Clerk shall enter judgment

5

accordingly.

6

IT IS FURTHER ORDERED the docket shall reflect the Court certifies,

7

pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a)(3)(A),

8

that any appeal of this decision would not be taken in good faith.

9

Dated this 10th day of December, 2014.

10
11
12

Honorable Roslyn O. Silver
Senior United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-