Goedecke #080048 v. Ende et al

Filing 20

ORDER: IT IS ORDERED that the Report and Recommendation (Doc. 19 ) is accepted and adopted. IT IS FURTHER ORDERED that Defendant Barnett is dismissed, without prejudice. Because other Defendants remain in this case, the Clerk of the Court shall not enter judgment at this time [see attached Order for details]. Signed by Senior Judge James A Teilborg on 3/13/18. (MAW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Walter C Goedecke, Plaintiff, 10 11 ORDER v. 12 No. CV-17-1555-PHX-JAT (ESW) Lawrence Ende, et al., 13 Defendants. 14 15 Pending before the Court is the Report and Recommendation of the Magistrate 16 Judge recommending that Defendant Barnett be dismissed, without prejudice, due to 17 Plaintiff’s failure to timely serve Defendant Barnett. (Doc. 19). 18 Neither party has filed objections to the Report and Recommendation. 19 Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 20 (1985) (finding that district courts are not required to conduct “any review at all . . . of 21 any issue that is not the subject of an objection” (emphasis added)); United States v. 22 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“statute makes it clear that 23 the district judge must review the magistrate judge’s findings and recommendations de 24 novo if objection is made, but not otherwise” (emphasis in original)); see also Schmidt v. 25 Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). 26 Therefore, 27 IT IS ORDERED that the Report and Recommendation (Doc. 19) is accepted and 28 adopted. 1 IT IS FURTHER ORDERED that Defendant Barnett is dismissed, without 2 prejudice. Because other Defendants remain in this case, the Clerk of the Court shall not 3 enter judgment at this time. 4 Dated this 13th day of March, 2018. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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