Conoboy #214868 v. Ryan et al

Filing 28

ORDER: IT IS ORDERED adopting the R&R (Doc. 26 ) in whole. IT IS FURTHER ORDERED dismissing Defendant Unknown Brown. IT IS FURTHER ORDERED denying a Certificate of Appealability upon the Court's conclusion that jurists of reason would not find its assessment of the constitutional claims to be debatable or wrong. Signed by Judge John J Tuchi on 2/15/2017. (REK)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Raymond M. Conoboy,
Plaintiff,

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ORDER

v.

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No. CV-16-01164-PHX-JJT

Charles L. Ryan, et al.,

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Defendants.

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At issue is the Report and Recommendation (“R&R”) prepared in this matter by

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United States Magistrate Judge Deborah M. Fine (Doc. 26), which recommends that this

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Court dismiss Defendant Unknown Brown from the matter for failure to serve summons

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and failure to prosecute the case against Brown.

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The time for any party to file objections to the R&R ran as of November 8, 2016.

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No party filed any objections, either as of that date or at any time thereafter. Such failure

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to file objections to the R&R is considered a waiver of a party’s right to de novo

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consideration of the issues. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003) (en banc). It also constitutes a waiver of a party’s right to appellate review of the

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findings of fact in an order or judgment entered pursuant to the R&R. See Robbins v.

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Carey, 481 F.3rd 1143, 1146-47 (9th Cir. 2007). Nonetheless, this Court has undertaken a

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substantive review of the factual and legal issues presented in R&R. Upon that review,

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the Court concludes that Magistrate Judge Fine’s recommendations are wholly sound.

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The Court adopts in whole Judge Fine’s R&R and the underlying reasoning. The Court

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expressly finds that Plaintiff’s failure to serve Unknown Brown in violation of Rule 4(m),

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Fed. R. Civ. P., LRCiv 16.2 and the Court’s Screening Order of June 8, 2016 (Doc. 9), as

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well as the Order to Show Cause issued August 22, 2016 (Doc. 18), justifies dismissal of

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Defendant Brown.

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IT IS ORDERED adopting the R&R (Doc. 26) in whole.

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IT IS FURTHER ORDERED dismissing Defendant Unknown Brown.

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IT IS FURTHER ORDERED denying a Certificate of Appealability upon the

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Court’s conclusion that jurists of reason would not find its assessment of the

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constitutional claims to be debatable or wrong.

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Dated this 15th day of February, 2017.

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Honorable John J. Tuchi
United States District Judge

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