Wheeler v. Arizona, State of et al

Filing 99

ORDER: The Report and Recommendation of Magistrate Judge Bade 93 is adopted. The parties' Stipulated Partial Motion to Dismiss 87 is granted. Defendants Akin and Sarauf are dismissed from the action without prejudice pursuant to Rule 41(a)(1 )(ii). Defendants Cluff, Lynch, and Simental are dismissed fromt he action without prejudice pursuant to Rules 4(m) and 41(a)(1)(ii). The fictitious Defendants John and Jane Does 1-40 are dismissed from the action without prejudice. Signed by Judge Diane J Humetewa on 12/19/2017. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Cedric Wheeler,

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No. CV 16-02326-PHX-DJH (BSB)
Plaintiff,

v.

ORDER

State of Arizona, et al.,

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Defendants.

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Pending before the Court is the Report and Recommendation of Magistrate Judge

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Bridget S. Bade (Doc. 93) addressing the parties’ Stipulated Partial Motion to Dismiss.

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(Doc. 87.)

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involved in the events at issue in this lawsuit and should therefore be dismissed without

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prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). (Id. at 2.) The parties

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further stipulated that Defendants Cluff, Lynch, and Simental have not been served and

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should be dismissed without prejudice pursuant to Rules 4(m) and 41(a)(1)(ii). (Id. at 1.)

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The Report and Recommendation recommends adopting the parties’ stipulation and also

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recommends the dismissal of Doe Defendants 1-40 without prejudice. (Doc. 93.)

The parties have stipulated that Defendants Akin and Sarauf were not

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The time to file objections has expired (see Doc. 93 at 2; Doc. 94 at 2), and neither

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party filed objections. The Court is therefore not obligated to review the Report and

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Recommendation. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003) (en banc); Fed. R. Civ. P. 72(b)(3) (“[t]he district judge must determine de novo

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any part of the magistrate judge’s disposition that has been properly objected to”). Even

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so, the Court has reviewed Judge Bade’s Report and Recommendation and incorporates

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and adopts it.

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IT IS ORDERED:

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(1) The Report and Recommendation of Magistrate Judge Bade (Doc. 93) is
adopted.

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(2) The parties’ Stipulated Partial Motion to Dismiss (Doc. 87) is granted.

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(3)

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Defendants Akin and Sarauf are dismissed from the action without

prejudice pursuant to Rule 41(a)(1)(ii).
(4)

Defendants Cluff, Lynch, and Simental are dismissed from the action

without prejudice pursuant to Rules 4(m) and 41(a)(1)(ii).
(5)

The fictitious Defendants John and Jane Does 1-40 are dismissed from the

action without prejudice.
Dated this 19th day of December, 2017.

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Honorable Diane J. Humetewa
United States District Judge

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