Harris v. Arpaio et al

Filing 49

ORDER ADOPTING 47 Report and Recommendation. This action is dismissed without prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. Clerk to terminate case. Signed by Judge David G Campbell on 10/20/15. (EJA)

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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Matthew Linden Harris, Plaintiff, 10 11 ORDER v. 12 No. CV14-2158 PHX DGC Joseph M. Arpaio, et al., Defendants. 13 14 15 Plaintiff Matthew Linden Harris has filed a prisoner civil rights action pursuant to 16 42 U.S.C. § 1983. Doc. 1. United States Magistrate Judge Bridget S. Bade has issued a 17 report and recommendation (“R&R”) recommending that the action be dismissed without 18 prejudice for failure to comply with Court orders pursuant to Rule 41(b). Doc. 47. No 19 objection has been filed, which relieves the Court of its obligation to review the R&R. 20 See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 21 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court 22 will accept the R&R and dismiss this action without prejudice. 23 IT IS ORDERED: 24 1. The R&R (Doc. 47) is accepted. 25 2. This action is dismissed without prejudice. 26 3. A certificate of appealability and leave to proceed in forma pauperis on 27 28 appeal are denied.     1 4. The Clerk is directed to terminate this action. 2 Dated this 20th day of October, 2015. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 2 ‐ 

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