Cope v. Chelmagan

Filing 12

ORDER: The Report and Recommendation 10 is ADOPTED and the matter is DISMISSED without prejudice. IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Senior Judge Roslyn O Silver on 8/25/2017. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gerald Corven Cope, III,
Plaintiff,

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ORDER

v.

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No. CV-16-04565-PHX-ROS

Unknown Chelmagan,

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Defendant.

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On June 2, 2017, Magistrate Judge Bridget S. Bade issued a Report and

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Recommendation (“R&R”) recommending the Court dismiss this matter without

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prejudice for failure to comply with Court orders pursuant to Fed. R. Civ. P. 41(b). (Doc.

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10.) No objections were filed.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

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has filed timely objections to the R&R, the district court’s review of the part objected to

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must be de novo. Id. If, however, no objections are filed, the district court need not

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conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.

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2003).

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 10) is ADOPTED and

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the matter is DISMISSED without prejudice.
IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed

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in forma pauperis on appeal are DENIED because the dismissal is justified by a plain

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procedural bar and jurists of reason would not find the procedural ruling debatable.

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Dated this 25th day of August, 2017.

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Honorable Roslyn O. Silver
Senior United States District Judge

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