Brownen v. Giovani

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION, that Magistrate Judge Mark E Aspey's Report and Recommendation 14 is accepted and adopted by the Court; the Complaint 1 is dismissed without prejudice; the reference to Magistrate Judge Mark E Aspey be withdrawn; the Clerk shall terminate this action. Signed by Judge Steven P Logan on 10/3/14. (REW)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Tommy Lee Brownen, 9 10 Plaintiff, vs. 11 12 13 14 Unknown Giovani, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) No. CV-14-00590-PHX-SPL ORDER 15 On March 20, 2014, Plaintiff Tommy Lee Brownen, who is confined in the La 16 Palma Correctional Center, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 17 1983 (Doc. 1). The Honorable Mark E. Aspey, United States Magistrate Judge, issued a 18 Report and Recommendation (“R&R”) (Doc. 14), recommending that the Court dismiss 19 the Complaint due to Plaintiff’s failure to return a service packet and thereby effect 20 service through the United States Marshals Service on the only defendant in this matter. 21 Judge Aspey advised Plaintiff that he had fourteen (14) days to file objections to the 22 R&R and that failure to file timely objections could be considered a waiver of the right to 23 obtain review of the R&R. (Doc. 14 at 4-5.) See also 28 U.S.C. § 636(b)(1); Fed. R. Civ. 24 P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 25 No objection has been filed, which relieves the Court of its obligation to review 26 the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) 27 (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the 28 subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de 1 novo any part of the magistrate judge’s disposition that has been properly objected to.”). 2 The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court 3 will adopt the R&R and dismiss the Complaint. See 28 U.S.C. § 636(b)(1) (stating that 4 the district court “may accept, reject, or modify, in whole or in part, the findings or 5 recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge 6 may accept, reject, or modify the recommended disposition; receive further evidence; or 7 return the matter to the magistrate judge with instructions.”). Accordingly, 8 IT IS ORDERED: 9 1. That Magistrate Judge Mark E. Aspey’s Report and Recommendation (Doc. 14) is accepted and adopted by the Court; 10 11 2. That the Complaint (Doc. 1) is dismissed without prejudice; 12 3. That the reference to Magistrate Judge Mark E. Aspey be withdrawn; and 13 4. That the Clerk of Court shall terminate this action. 14 Dated this 3rd day of October, 2014. 15 16 Honorable Steven P. Logan United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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