Derello v. Jackson et al

Filing 76

ORDER: The R&R 55 is accepted. The complaint against Defendant Olson is dismissed without prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action as to Defendant Olson only. Signed by Judge David G Campbell on 1/12/2018. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Douglas Wayne Derello, Jr.,
Plaintiff,

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ORDER

vs.

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No. CV17-1266 PHX DGX

Unknown Jackson, et al.,
Defendants.

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Plaintiff Douglas Wayne Derello, Jr. filed a prisoner civil rights complaint on

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April 27, 2017. Doc. 1. The Court’s service order was entered on May 4, 2017. Doc. 6.

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United States Magistrate James F. Metcalf has issued a report and recommendation

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(“R&R”) recommending that the unserved Defendant in this case, Defendant Olson, be

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dismissed without prejudice. Doc. 55. No objection has been filed, which relieves the

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Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.

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72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328

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F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and dismiss this action

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as to Defendant Olson, only.

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IT IS ORDERED:

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1.

The R&R (Doc. 55) is accepted.

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2.

The complaint against Defendant Olson is dismissed without prejudice.

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3.

A certificate of appealability and leave to proceed in forma pauperis on

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appeal are denied

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4.

The Clerk is directed to terminate this action as to Defendant Olson only.

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Dated this 12th day of January, 2018.

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