Stein v. Zachary et al

Filing 26

ORDER that Magistrate Judge's 25 Report and Recommendation is accepted and adopted by the Court; this action is dismissed without prejudice. The reference to Magistrate Judge Bridget S. Bade is withdrawn and the Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 05/06/2016. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jason Lee Stein,

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Plaintiff,
vs.

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T. Zachary, et al.,
Defendants.

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No. CV-15-00942-PHX-SPL (BSB)
ORDER

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On May 26, 2015, Plaintiff Jason Lee Stein filed a pro se civil rights Complaint

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pursuant to 42 U.S.C. § 1983 (Doc. 1). On August 6, 2015, the Court granted Plaintiff in

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forma pauperis status, screened the Complaint, and ordered the United States Marshal

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Service (USMS) to serve Defendant C. Colburn, the only remaining Defendant in this

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action. (Doc. 10.) After issuing an order to show cause to which Plaintiff failed to

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respond, the Honorable Bridget S. Bade, United States Magistrate Judge, issued a Report

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and Recommendation (“R&R”) (Doc. 25), recommending that the Court dismiss the

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Complaint due to Plaintiff’s failure to accomplish service on Defendant Colburn and to

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comply with court orders. Judge Bade advised Plaintiff that he had fourteen (14) days to

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file 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. See also 28 U.S.C. § 636(b)(1); Fed. R.

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Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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No timely objection has been filed, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not… require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will adopt the R&R and dismiss this action. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the

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

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district judge may accept, reject, or modify the recommended disposition; receive further

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

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IT IS ORDERED:

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1. That Magistrate Judge’s Report and Recommendation (Doc. 25) is accepted

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and adopted by the Court;

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2. That this action is dismissed without prejudice;

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3. That the reference to Magistrate Judge Bridget S. Bade is withdrawn; and

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4. That the Clerk of Court shall terminate this action.

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Dated this 6th day of May, 2016.

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Honorable Steven P. Logan
United States District Judge

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