Phipps #218598 v. Ryan et al

Filing 20

ORDER - That Report and Recommendation of the Magistrate Judge (Doc. 19 ) is accepted. The Clerk shall enter judgment dismissing plaintiff's Complaint filed pursuant to 42 U.S.C. § 1983 (Doc. 1 ) without prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 06/23/15. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jeremiah Phipps,

No. CV-14-02205-PHX-NVW
Plaintiff,

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v.

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ORDER

Charles L. Ryan, et al.,

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Defendants.

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Pending before the court is the Report and Recommendation (“R&R”) of

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Magistrate Judge Bridget S. Bade (Doc. 19) regarding Plaintiff’s failure to comply with

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the Court’s order (Doc. 17 at 7) in his failure to return to the Court, within twenty-one

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days, completed service packets for service on Defendant Churchwell. Thereafter the

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Court ordered Plaintiff to show cause on or before May 15, 2015, why this matter should

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not be dismissed pursuant to Fed.R.CivP. 41(b) (“[i]f the plaintiff fails to prosecute or to

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comply with [the Federal Rules of Civil Procedure] or a court order . . . ). (Doc. 18.)

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Plaintiff has failed to respond to the Court’s April 24, 2015 Order and failed to return a

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completed service packet to the Court.

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The R&R recommends the Court dismiss this matter without prejudice for failure

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to comply with Court orders pursuant to Fed. R. Civ. P. 41(b). The Magistrate Judge

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advised the parties that they had fourteen days to file objections to the R&R. (R&R at 2

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(citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6 and 72.). No objections were filed.

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Because the parties did not file objections, the court need not review any of the

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Magistrate Judge’s determinations on dispositive matters. See 28 U.S.C. § 636(b)(1);

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

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Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any

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review at all . . . of any issue that is not the subject of an objection.”). The absence of a

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timely objection also means that error may not be assigned on appeal to any defect in the

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rulings of the Magistrate Judge on any non-dispositive matters. Fed. R. Civ. P. 72(a) (“A

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party may serve and file objections to the order within 14 days after being served with a

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copy [of the magistrate’s order]. A party may not assign as error a defect in the order not

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timely objected to.”); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir.

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1996); Phillips v. GMC, 289 F.3d 1117, 1120-21 (9th Cir. 2002).

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Notwithstanding the absence of an objection, the court has reviewed the R&R and

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finds that it is well taken. The court will accept the R&R and dismiss this matter without

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

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or modify, in whole or in part, the findings or recommendations made by the

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magistrate”).

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IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 19) is accepted.

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IT IS FURTHER ORDERED that the Clerk of the Court enter judgment

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dismissing plaintiff’s Complaint filed pursuant to 42 U.S.C. § 1983 (Doc. 1) without

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prejudice. The Clerk shall terminate this action.

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Dated this 23rd day of June, 2015.

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Neil V. Wake
United States District Judge

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