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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Marshall Thompson, Plaintiff, 10 11 ORDER v. 12 No. CV-14-02294-PHX-DLR Unknown Brown, et al., 13 Defendants. 14 15 16 Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge 17 Bridget Bade, which recommends dismissing Defendant Brown for failure to serve. 18 (Doc. 94.) The Magistrate Judge advised the parties that they had fourteen days to file 19 objections to the R&R and that failure to file timely objections could be considered a 20 waiver of the right to obtain review of the R&R. (Id. at 2 (citing Fed. R. Civ. P. 72(b); 21 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 22 Neither party filed objections, which relieves the Court of its obligation to review 23 the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) 24 (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the 25 subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de 26 novo any part of the magistrate judge’s disposition that has been properly objected to.”). 27 The Court has nonetheless reviewed the R&R and agrees with Magistrate Judge Boyle’s 28 recommendations. The Court will accept the R&R and deny the Petition. See 28 U.S.C. 1 § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in 2 part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) 3 (“The district judge may accept, reject, or modify the recommended disposition; receive 4 further evidence; or return the matter to the magistrate judge with instructions.”). 5 Accordingly, 6 7 8 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. 9 10 11 12 13 Douglas L. Rayes United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?