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adopted by the Court; the Complaint 1 is dismissed without prejudice; the reference to Magistrate Judge Mark E Aspey be withdrawn; the Clerk shall terminate this action.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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Tommy Lee Brownen,

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Plaintiff,
vs.

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Unknown Giovani,
Defendant.

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No. CV-14-00590-PHX-SPL
ORDER

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On March 20, 2014, Plaintiff Tommy Lee Brownen, who is confined in the La

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Palma Correctional Center, filed a pro se civil rights Complaint pursuant to 42 U.S.C. §

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1983 (Doc. 1). The Honorable Mark E. Aspey, United States Magistrate Judge, issued a

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Report and Recommendation (“R&R”) (Doc. 14), recommending that the Court dismiss

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the Complaint due to Plaintiff’s failure to return a service packet and thereby effect

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service through the United States Marshals Service on the only defendant in this matter.

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Judge Aspey advised Plaintiff that he had fourteen (14) days to file objections to the

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R&R and that failure to file timely objections could be considered a waiver of the right to

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obtain review of the R&R. (Doc. 14 at 4-5.) See also 28 U.S.C. § 636(b)(1); Fed. R. Civ.

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P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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No objection has been filed, which relieves the Court of its obligation to review

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the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985)

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

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subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de

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novo any part of the magistrate judge’s disposition that has been properly objected to.”).

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The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court

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will adopt the R&R and dismiss the Complaint. See 28 U.S.C. § 636(b)(1) (stating that

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the district court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge

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may accept, reject, or modify the recommended disposition; receive further evidence; or

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return the matter to the magistrate judge with instructions.”). Accordingly,

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IT IS ORDERED:

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That Magistrate Judge Mark E. Aspey’s Report and Recommendation
(Doc. 14) is accepted and adopted by the Court;

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That the Complaint (Doc. 1) is dismissed without prejudice;

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3.

That the reference to Magistrate Judge Mark E. Aspey be withdrawn; and

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That the Clerk of Court shall terminate this action.

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Dated this 3rd day of October, 2014.

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Honorable Steven P. Logan
United States District Judge

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