Montoya v. Seag et al

Filing 20

ORDER REJECTING 17 Report and Recommendation and denying 19 Motion to Re-Serve Defendant. The Clerk shall enter a judgment of dismissal without prejudice. Signed by Senior Judge Roslyn O Silver on 9/2/14. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joey Frank Montoya,
Plaintiff,

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ORDER

v.

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No. CV-13-01491-PHX-ROS

Unknown Saeg, et al.,

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Defendants.

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On April 8, 2014, Magistrate Judge James F. Metcalf issued a Report and

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Recommendation (“R&R”) recommending this case be dismissed without prejudice

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based on Plaintiff’s failure to complete service. (Doc. 17). Instead of objecting to the

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R&R, Plaintiff filed a motion asking the marshals be instructed to attempt service again.

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(Doc. 19). Normally, the Court would grant Plaintiff’s request and attempt to complete

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service. However, in another case also filed by Plaintiff, the Court received notice that

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Plaintiff’s mailing address is no longer valid. (Doc. 21 in CV-13-1575). Based on that

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notice, it would be futile to take any further action in this case. See Carey v. King, 856

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F.2d 1439, 1441 (9th Cir. 1988) (“An order to show cause why dismissal was not

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warranted or an order imposing sanctions would only find itself taking a round trip tour

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through the United States mail.”). Therefore, the R&R will be rejected and the motion

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requesting service will be denied. But pursuant to Rule 41(b), this case will be dismissed

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based on Plaintiff’s failure to keep his address updated.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 17) is REJECTED.

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IT IS FURTHER ORDERED the Motion to Re-Serve Defendant (Doc. 19) is

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DENIED.
IT IS FURTHER ORDERED Clerk of Court shall enter a judgment of dismissal
without prejudice.
Dated this 2nd day of September, 2014.

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Honorable Roslyn O. Silver
Senior United States District Judge

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