Vasquez #097627 v. Atwall et al

Filing 31

ORDER ADOPTING 30 Report and Recommendation. This matter is DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Roslyn O Silver on 04/07/2017. (KAS)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Frank Andrew Vasquez, Plaintiff, 10 11 ORDER v. 12 No. CV-16-00651-PHX-ROS Unknown Atwall, et al., 13 Defendants. 14 15 On February 13, 2017, Magistrate Judge Bridget S. Bade issued a Report and 16 Recommendation (“R&R”) recommending the matter be dismissed without prejudice for 17 failure to serve pursuant to Rule 4(m) under the Federal Rules of Civil Procedure. (Doc. 18 30.) 19 A district judge “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party 21 has filed timely objections to the R&R, the district court’s review of the part objected to 22 must be de novo. Id. If, however, no objections are filed, the district court need not 23 conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 24 2003). No objections having been filed, the R&R will be adopted in full. 25 /// 26 /// 27 Accordingly, 28 IT IS ORDERED the Report and Recommendation (Doc. 30) is ADOPTED and 1 2 the matter is DISMISSED WITHOUT PREJUDICE. Dated this 7th day of April, 2017. 3 4 5 Honorable Roslyn O. Silver Senior United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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