Turner v. Schneider et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION RE: 22 Report and Recommendation. Plaintiff's Second Amended Complaint (Docs. 8 ) is dismissed without prejudice. 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 7/19/19. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Aaron Turner,
Plaintiff,

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ORDER

vs.

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No. CV17-4669 PHX DGC (CDB)

John Nelson Schneider, et al.,

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Defendants.

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Plaintiff, Michael Aaron Turner, filed a complaint, first amended complaint, and

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second amended complaint pursuant to 42 U.S.C. § 1983 (Docs. 1, 5, 8) and motion for

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leave to proceed in this matter in forma pauperis on December 15, 2017 (Doc. 2).

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Plaintiff was released from custody at some point prior to December 11, 2018. On

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February 21, 2019, noting that Plaintiff had been released from custody, the Court

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ordered Plaintiff to either pay the $350.00 filing fee or file a non-prisoner application to

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proceed in District Court without prepaying fees or costs. Doc. 17. Plaintiff was warned

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that his failure to comply with the Order would result in this case being dismissed. Id.

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The Magistrate Judge granted Plaintiff an additional extension of time to comply

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with the Court’s Order (Doc. 17) and allowed Plaintiff until April 25, 2019 to either pay

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the $350.00 filing fee or file a non-prisoner application to proceed in District Curt

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without prepaying fees or costs. Doc. 21. Plaintiff was again warned that his failure to

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comply with the Court’s Orders (Docs. 17, 21) would result in the dismissal of this case.

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Plaintiff has failed to comply with the Court’s orders.

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United States Magistrate Judge Camille D. Bibles has issued a report and

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recommendation (“R&R”) recommending that the second amended complaint be

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dismissed without prejudice for Plaintiff’s failure to comply with the Court’s orders.

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Doc. 22. No objection has been filed, which relieves the Court of its obligation to review

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the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S.

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140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The

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Court will accept the R&R and dismiss Plaintiff’s second amended complaint without

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prejudice.

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IT IS ORDERED:

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The R&R (Doc. 22) is accepted.

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2.

Plaintiff’s second amended complaint filed pursuant to 42 U.S.C. § 1983
(Docs. 8) is dismissed without prejudice.

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3.

appeal are denied

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

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The Clerk is directed to terminate this action.
Dated this 19th day of July, 2019.

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