LaPointe #173379 v. Corizon et al

Filing 107

ORDER that Magistrate Judge Metcalf's 81 R&R is accepted and adopted as the order of this Court. FURTHER ORDERED that Defendant John Doe #1 is DISMISSED WITHOUT PREJUDICE for failure to effect timely service. Signed by Judge Diane J Humetewa on 4/4/2018. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Anthony Gregory LaPointe,
Plaintiff,

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ORDER

v.

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No. CV-16-03809-PHX-DJH (JFM)

Corizon, et al.,

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Defendants.

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This matter is before the Court on the Report and Recommendation re Screening

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of First Amended Complaint (“R&R”) issued by United States Magistrate Judge James F.

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Metcalf on January 31, 2018. (Doc. 81). In the R&R, Judge Metcalf recommends that

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Defendant John Doe #1 be dismissed without prejudice for failure to timely effect

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service. (Id.)

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Judge Metcalf advised the parties that the parties had fourteen days to file

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objections and that the failure to file timely objections "will be considered a waiver of a

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party’s right to de novo consideration of the issues.” (Doc. 81 at 2) (citing United States

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v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). No objections have been

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filed and the time to do so has expired. Absent any objections, the Court is not required

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to review the findings and recommendations in the R&R. See Thomas v. Arn, 474 U.S.

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140, 149 (1989) (The relevant provision of the Federal Magistrates Act, 28 U.S.C. §

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636(b)(1)(C), “does not on its face require any review at all . . . of any issue that is not the

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subject of an objection.”); Reyna-Tapia, 328 F.3d at 1121 (same); Fed.R.Civ.P. 72(b)(3)

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(“The district judge must determine de novo any part of the magistrate judge’s

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disposition that has been properly objected to.”).

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Nonetheless, the Court has reviewed the R&R and agrees with its findings and

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recommendations. The Court will, therefore, accept the R&R and adopt Judge Metcalf’s

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recommendations. See 28 U.S.C. § 636(b)(1)(C) (“A judge of the court may accept,

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reject, or modify, in whole or in part, the findings or recommendations made by the

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magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).

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Accordingly,

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IT IS ORDERED that Magistrate Judge Metcalf’s R&R (Doc. 81) is accepted

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and adopted as the order of this Court.
IT IS FURTHER ORDERED that Defendant John Doe #1 is DISMISSED
WITHOUT PREJUDICE for failure to effect timely service.
Dated this 4th day of April, 2018.

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Honorable Diane J. Humetewa
United States District Judge

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