Day #050715 v. Ryan et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that the R&R (Doc. 27 ) is accepted; IT IS FURTHER ORDERED that Defendant John Doe is dismissed without prejudice. (See document for complete details). Signed by Senior Judge James A Teilborg on 5/22/18. (SLQ)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Terry D Day,

No. CV-17-00774-PHX-JAT (JFM)
Plaintiff,

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v.

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ORDER

Charles L Ryan, et al.,

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Defendants.

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

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Judge (“R&R”) recommending that Defendant John Doe be dismissed without prejudice

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for failure to timely serve pursuant to Federal Rule of Civil Procedure 4(m). No party

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has filed objections to the R&R.

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Because no party has filed objections, the Court hereby accepts the R&R. See

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Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to

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conduct “any review at all . . . of any issue that is not the subject of an objection”; United

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States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“statute makes it

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clear that the district judge must review the magistrate judge’s findings and

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recommendations de novo if objection is made, but not otherwise” (emphasis in

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original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Accordingly,

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IT IS ORDERED that the R&R (Doc. 27) is accepted;

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IT IS FURTHER ORDERED that Defendant John Doe is dismissed without

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prejudice.1

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Dated this 22nd day of May, 2018.

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Because another Defendant remains in this case, the Clerk of the Court shall not enter
judgment at this time.
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