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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Steven George Jacovo, 10 Plaintiff, 11 ORDER v. 12 No. CV-14-00556-PHX-GMS (DMF) Unknown Lowe, et al., 13 Defendants. 14 15 Pending before the Court is United States Magistrate Deborah M. Fine’s Report 16 and Recommendation (“R&R”). Doc. 102. The R&R recommends that the Court 17 dismiss Defendant Diane Bryan for failure to serve within the time specified by the 18 Court. Doc. 102 at 3. The Magistrate Judge advised the parties that they had fourteen 19 days to file objections to the R&R and that failure to file timely objections could be 20 considered a waiver of the right to obtain review of the R&R. Id. at 7 (citing Fed. R. Civ. 21 P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 22 The parties did not file objections, which relieves the Court of its obligation to 23 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 24 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 25 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 26 determine de novo any part of the magistrate judge’s disposition that has been properly 27 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 28 taken. The Court will accept the R&R and dismiss Defendant Diane Bryan from this 1 action. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or 2 modify, in whole or in part, the findings or recommendations made by the magistrate”); 3 Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the 4 recommended disposition; receive further evidence; or return the matter to the magistrate 5 judge with instructions.”). 6 IT IS ORDERED: 7 1. Magistrate Judge Fine’s R&R (Doc. 102) is accepted. 8 2. Defendant Diane Bryan is dismissed from this action. 9 Dated this 12th day of May, 2016. 10 11 12 Honorable G. Murray Snow United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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