Mishenko v. Mesa Police Department et al

Filing 69

ORDER ADOPTING REPORT AND RECOMMENDATION re: 65 Report and Recommendation. The Civil Rights Complaint (Doc. 1 ) is dismissed with prejudice for failure to prosecute and a certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk shall terminate this action. Signed by Senior Judge David G Campbell on 4/4/19. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Francisco Antonio Mishenko, III,
Plaintiff,

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ORDER

vs.

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No. CV17-2329 PHX DGC (CDB)

Mesa Police Department, et al.,
Defendants.

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Plaintiff Francisco Antonio Mishenko, III has filed a pro se civil rights complaint

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pursuant to 42 U.S.C. § 1983. Doc. 1. United States Magistrate Camille D. Bibles has

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issued a report and recommendation (“R&R”) recommending that the complaint be

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dismissed for Plaintiff’s failure to prosecute. Doc. 65. No objection has been filed,

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

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Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and

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dismiss the complaint for failure to prosecute.

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IT IS ORDERED:

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1.

The R&R (Doc. 65) is accepted.

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2.

The civil rights complaint (Doc. 1) is dismissed with prejudice for failure
to prosecute.

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3.

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

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The Clerk is directed to terminate this action.

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Dated this 4th day of April, 2019.

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