Johnson #212108 v. Rumsey et al
ORDER accepting and adopting Magistrate Judge Bridget Bade's report and recommendation, (Doc. 25 ). IT IS FURTHER ORDERED that Plaintiff's complaint is dismissed without prejudice. The Clerk of the Court is directed to terminate this action. Signed by Judge Douglas L Rayes on 3/19/2015. (KMG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Christian Dale Johnson,
Unknown Rumsey, et al.,
On January 29, 2014, Plaintiff brought his Prisoner Civil Rights Complaint
pursuant to 42 U.S.C. § 1983. On September 30, 2014, the Court ordered service on
Defendant Rumsey and directed Plaintiff to return a completed service packet for
Defendant Rumsey to the Court within twenty-one days. (Doc. 16.) The September 30,
2014 Order also directed Plaintiff to notify the Court of a change of address in
accordance with Local Rule of Civil Procedure 83.3(d). (Id. at 6.) Thereafter, there was
a series of communications and attempted communications between the Court and
Plaintiff concerning the need to return a completed service packet for Defendant Rumsey
that included an address at which to serve Defendant Rumsey. Plaintiff has neither
responded to the most recent order show cause, (Doc. 22), nor returned a completed
service packet to the Court.
United States Magistrate Judge Bridget Bade filed a Report and Recommendation
(“R&R”) recommending that the Court dismiss this matter without prejudice for failure to
comply with Court orders pursuant to Fed. R. Civ. P. 41(b). (Doc. 25.) Magistrate Judge
Bade advised Plaintiff that he had fourteen days from the date of service of a copy of the
R&R to file specific written objections and that failure to object to any factual
determination may be considered a waiver of the right to appellate review of the findings
of fact in an order or judgment entered pursuant to Judge Bade’s recommendation. There
has been no timely objection filed to the R&R. The Court will accept the R&R and
dismiss the case. Accordingly,
IT IS ORDERED accepting and adopting Magistrate Judge Bridget Bade’s report
and recommendation, (Doc. 25).
IT IS FURTHER ORDERED that Plaintiff’s complaint is dismissed without
prejudice. The Clerk of the Court is directed to terminate this action.
Dated this 19th day of March, 2015.
Douglas L. Rayes
United States District Judge
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