Jacovo v. Lowe et al

Filing 112

ORDER ACCEPTING REPORT AND RECOMMENDATION 102 : Defendant Diane Bryan is dismissed from this action. (See document for full details). Signed by Judge G Murray Snow on 5/12/16. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Steven George Jacovo,

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Plaintiff,

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ORDER

v.

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No. CV-14-00556-PHX-GMS (DMF)

Unknown Lowe, et al.,

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Defendants.

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Pending before the Court is United States Magistrate Deborah M. Fine’s Report

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and Recommendation (“R&R”).

Doc. 102.

The R&R recommends that the Court

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dismiss Defendant Diane Bryan for failure to serve within the time specified by the

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Court. Doc. 102 at 3. The Magistrate Judge advised the parties that they had fourteen

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days to file objections to the R&R and that failure to file timely objections could be

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considered a waiver of the right to obtain review of the R&R. Id. at 7 (citing Fed. R. Civ.

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P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and dismiss Defendant Diane Bryan from this

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action. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or

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modify, in whole or in part, the findings or recommendations made by the magistrate”);

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Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the

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recommended disposition; receive further evidence; or return the matter to the magistrate

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judge with instructions.”).

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IT IS ORDERED:

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Magistrate Judge Fine’s R&R (Doc. 102) is accepted.

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2.

Defendant Diane Bryan is dismissed from this action.

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Dated this 12th day of May, 2016.

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Honorable G. Murray Snow
United States District Judge

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