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 The reference to Magistrate Judge Bridget S. Bade is withdrawn and the Clerk of Court shall terminate this action.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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Jason Lee Stein, 9 10 Plaintiff, vs. 11 12 13 14 T. Zachary, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. CV-15-00942-PHX-SPL (BSB) ORDER 15 On May 26, 2015, Plaintiff Jason Lee Stein filed a pro se civil rights Complaint 16 pursuant to 42 U.S.C. § 1983 (Doc. 1). On August 6, 2015, the Court granted Plaintiff in 17 forma pauperis status, screened the Complaint, and ordered the United States Marshal 18 Service (USMS) to serve Defendant C. Colburn, the only remaining Defendant in this 19 action. (Doc. 10.) After issuing an order to show cause to which Plaintiff failed to 20 respond, the Honorable Bridget S. Bade, United States Magistrate Judge, issued a Report 21 and Recommendation (“R&R”) (Doc. 25), recommending that the Court dismiss the 22 Complaint due to Plaintiff’s failure to accomplish service on Defendant Colburn and to 23 comply with court orders. Judge Bade advised Plaintiff that he had fourteen (14) days to 24 file objections to the R&R and that failure to file timely objections could be considered a 25 waiver of the right to obtain review of the R&R. See also 28 U.S.C. § 636(b)(1); Fed. R. 26 Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 27 No timely objection has been filed, which relieves the Court of its obligation to 28 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 1 (1985) (“[Section 636(b)(1)] does not… require any review at all . . . of any issue that is 2 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 3 determine de novo any part of the magistrate judge’s disposition that has been properly 4 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 5 taken. The Court will adopt the R&R and dismiss this action. See 28 U.S.C. § 636(b)(1) 6 (stating that the district court “may accept, reject, or modify, in whole or in part, the 7 findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 8 district judge may accept, reject, or modify the recommended disposition; receive further 9 evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 10 IT IS ORDERED: 11 1. That Magistrate Judge’s Report and Recommendation (Doc. 25) is accepted 12 and adopted by the Court; 13 2. That this action is dismissed without prejudice; 14 3. That the reference to Magistrate Judge Bridget S. Bade is withdrawn; and 15 4. That the Clerk of Court shall terminate this action. 16 Dated this 6th day of May, 2016. 17 18 Honorable Steven P. Logan United States District Judge 19 20 21 22 23 24 25 26 27 28 2

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