Thompson v. Fullmore et al

Filing 100

ORDER: IT IS ORDERED that Magistrate Judge Bade's R&R (Doc. 94 ) is ACCEPTED, and Defendant Brown is DISMISSED. Signed by Judge Douglas L Rayes on 3/31/2016. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marshall Thompson,
Plaintiff,

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ORDER

v.

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No. CV-14-02294-PHX-DLR

Unknown Brown, et al.,

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Defendants.

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Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge

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Bridget Bade, which recommends dismissing Defendant Brown for failure to serve.

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(Doc. 94.) The Magistrate Judge advised the parties that they had fourteen days to file

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

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waiver of the right to obtain review of the R&R. (Id. at 2 (citing Fed. R. Civ. P. 72(b);

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

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Neither party filed objections, 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 agrees with Magistrate Judge Boyle’s

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recommendations. The Court will accept the R&R and deny the Petition. See 28 U.S.C.

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§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

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(“The district judge may accept, reject, or modify the recommended disposition; receive

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further evidence; or return the matter to the magistrate judge with instructions.”).

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Accordingly,

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IT IS ORDERED that Magistrate Judge Bade’s R&R (Doc. 94) is ACCEPTED,
and Defendant Brown is DISMISSED.
Dated this 31st day of March, 2016.

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Douglas L. Rayes
United States District Judge

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