Hernandez v. Banner Boswell Medical Center et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATION re: 60 Report and Recommendation. The Clerk shall dismiss Defendants John Doe Nurse 1, John Doe Nurse 2, and John Doe 3 Banner Security without prejudice. Signed by Chief Judge G Murray Snow on 5/3/19. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ruben Guzman Hernandez,
Plaintiff,

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Banner Boswell Medical Center, et al.,

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ORDER

v.

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No. CV-16-04238-PHX-GMS (ESW)

Defendants.

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Pending before the Court is United States Magistrate Judge Eileen S. Willett’s

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Report and Recommendation (“R&R”). Doc. 60. The R&R recommends that the Court

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dismiss Defendants John Doe Nurse 1, John Doe Nurse 2, and John Doe 3 Banner Security

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without prejudice for failure to timely serve in accordance with Federal Rule of Civil

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Procedure 4(m). Doc. 60 at 1. The Magistrate Judge advised the parties that they had

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fourteen days to file objections to the R&R and that failure to file timely objections could

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be considered a waiver of the right to obtain review of the R&R. Id. at 3-4 (citing 28

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U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court will accept the R&R and dismiss Defendants John Doe Nurse 1,

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John Doe Nurse 2, and John Doe 3 Banner Security without prejudice. See 28 U.S.C.

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§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

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(“The district judge may accept, reject, or modify the recommended disposition; receive

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further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED:

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Magistrate Judge Willett’s R&R (Doc. 60) is ACCEPTED.

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2.

The Clerk of Court is directed to dismiss Defendants John Doe Nurse 1, John

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Doe Nurse 2, and John Doe 3 Banner Security without prejudice.
Dated this 3rd day of May, 2019.

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