Emerson v. Corizon Health Services et al

Filing 33

ORDER ADOPTING 26 REPORT AND RECOMMENDATION. Defendant Townsend is DISMISSED without prejudice for failure to timely effect service. FURTHER ORDERED Plaintiff's "Motion Request Supoenas [sic] Duces Tecum-and cause NOT to dismiss Motion but hold in Abeyance" (Doc. 21 ) is DENIED. Signed by Senior Judge Roslyn O Silver on 9/1/17. (EJA)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Gary John Emerson,
Plaintiff,

10
11

ORDER

v.

12

No. CV-15-00093-PHX-ROS

Corizon Health Services, et al.,

13

Defendants.

14
15

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

16

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

17

has filed timely objections to the R&R, the district court’s review of the part objected to

18

must be de novo. Id. If, however, no objections are filed, the district court need not

19

conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.

20

2003).

21

On February 2, 2017, Magistrate Judge Eileen S. Willett issued a Report and

22

Recommendation (“R&R”) recommending the Court deny Plaintiff’s “Motion Request

23

Supoenas [sic] Duces Tecum—and cause NOT to dismiss Motion but hold in Abeyance”

24

(Doc. 21) and dismiss Defendant Townsend without prejudice. (Doc. 26.) Plaintiff has

25

not filed a timely objection. (See Doc. 31 at 8-9.) Thus, the R&R will be adopted in full.

26

Accordingly,

27

IT IS ORDERED the February 2, 2017 Report and Recommendation (Doc. 26) is

28

ADOPTED.

1
2

IT IS FURTHER ORDERED Defendant Townsend is DISMISSED without
prejudice for failure to timely effect service.

3

IT IS FURTHER ORDERED Plaintiff’s “Motion Request Supoenas [sic] Duces

4

Tecum—and cause NOT to dismiss Motion but hold in Abeyance” (Doc. 21) is

5

DENIED.

6

Dated this 1st day of September, 2017.

7
8
9

Honorable Roslyn O. Silver
Senior United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-