Herring v. Maricopa County Sheriff's Office

Filing 30

ORDER - The 28 R&R is accepted. The 1 civil rights complaint is dismissed without prejudice. Defendant's 22 motion for summary judgment for failure to exhaust administrative remedies and Defendant's 29 motion to continue d eadline to depose Plaintiff are denied as moot. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied and the Clerk is directed to terminate this action. Signed by Judge David G Campbell on 5/12/2016. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Dustin Wayne Herring,
Plaintiff,

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ORDER

v.

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No. CV15-0911 PHX DGC (JFM)

Maricopa County Sheriff’s Office, et al.,
Defendants.

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Plaintiff Dustin Wayne Herring has filed a civil rights complaint pursuant to 28

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U.S.C. § 1343; 42 U.S.C. § 1983. Doc. 1. United States Magistrate James F. Metcalf has

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issued a report and recommendation (“R&R”) recommending that the complaint be

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dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil

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Procedure for failure to follow Court orders. Doc. 28. No objection has been filed,

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which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1);

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Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and

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dismiss the complaint without prejudice pursuant to Rule 41(b) of the Federal Rules of

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Civil Procedure for failure to follow Court orders.

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IT IS ORDERED:

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1.

The R&R (Doc. 28) is accepted.

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2.

The civil rights complaint (Doc. 1) is dismissed without prejudice.

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3.

Defendant’s motion for summary judgment for failure to exhaust

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administrative remedies (Doc. 22) and Defendant’s motion to continue

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deadline to depose Plaintiff (Doc. 29) are denied as moot.

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4.

A certificate of appealability and leave to proceed in forma pauperis on
appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 12th day of May, 2016.

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