Dietz-Kinn v. ASPC - Perryville et al
ORDER: IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED dismissing Plaintiff's claims against Defendant Rivera without prejudice. IT IS FURTHER ORDERED directing the C lerk to enter judgment accordingly. IT IS FURTHER ORDERED that the docket shall reflect that the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of this decision would not be taken in good faith. Signed by Judge Susan R Bolton on 7/25/2017. (REK)
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Maria Theresa Dietz-Kinn,
ASPC - Perryville, et al.,
Plaintiff filed her Civil Rights Complaint on February 4, 2016. On June 8, 2016
15 the Court Ordered Plaintiff to serve the Defendants McGrath and Rivera. Defendant
16 McGrath was served on August 10, 2016 (Doc. 13). Service on Defendant Rivera was
17 returned unexecuted on July 20, 2016. On June 6, 2017 the Court issued and order
18 directing Plaintiff to show cause within fourteen days of the date of the order “why her
19 claims again Defendant Rivera should not be dismissed, without prejudice, for failure to
20 serve.” Plaintiff failed to Respond to the Court’s June 6, 2017 Order.
On June 30, 2017, the Magistrate Judge issued her Report and Recommendation
22 recommending that Plaintiff’s claims against Defendant Rivera be dismissed for failure to
23 serve pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.
In her Report and Recommendation the Magistrate Judge advised the parties that
25 they had fourteen days from the date of service of a copy of the Report and
26 Recommendation within which to file specific written objections with the Court. The time
27 to file such objections has expired and no objections to the Report and Recommendation
28 have been filed.
The Court finds itself in agreement with the Report and Recommendation of the
IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the order of this Court.
IT IS FURTHER ORDERED dismissing Plaintiff’s claims against Defendant
Rivera without prejudice.
IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.
IT IS FURTHER ORDERED that the docket shall reflect that the Court certifies,
pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rules of Appellate Procedure
24(a)(3)(A), that any appeal of this decision would not be taken in good faith.
Dated this 25th day of July, 2017.
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?