Graham v. Continental Bancorp et al

Filing 13

ORDER: IT IS HEREBY ORDERED adopting the Report and Recommendation of the Magistrate Judge 11 . IT IS FURTHER ORDERED dismissing this matter without prejudice based upon Plaintiff's failure to serve Defendants pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Senior Judge Stephen M McNamee on 6/29/2018. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Graham,

No. CV-17-04806-PHX-DMF

Plaintiff,

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v.

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ORDER

Continental Bancorp, et al.,

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Defendants.

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Pending before the Court is Magistrate Judge David K. Duncan’s1 Report and

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Recommendation recommending that this matter be dismissed based on Plaintiff’s failure

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to serve Defendants pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (Doc.

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11.) To date, no objection has been filed.

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After considering the Report and Recommendation, the Court will grant
Magistrate Judge Duncan’s recommendation.
STANDARD OF REVIEW

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The Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v.

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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the

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service of a copy of the Magistrate’s recommendation within which to file specific

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written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to

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object to a Magistrate Judge’s recommendation relieves the Court of conducting de novo

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On June 25, 2018, this case was reassigned to Magistrate Judge Deborah Fine.

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review of the Magistrate Judge’s factual findings and waives all objections to those

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findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure

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to object to a Magistrate Judge’s conclusion “is a factor to be weighed in considering the

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propriety of finding waiver of an issue on appeal.” Id.
DISCUSSION2

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Having reviewed the Report and Recommendation of the Magistrate Judge, and no

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Objections having been made by any party thereto, the Court hereby incorporates and

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adopts the Magistrate Judge’s Report and Recommendation.

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CONCLUSION

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Accordingly, for the reasons set forth,

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IT IS HEREBY ORDERED adopting the Report and Recommendation of the

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Magistrate Judge. (Doc. 11.)

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IT IS FURTHER ORDERED dismissing this matter without prejudice based

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upon Plaintiff’s failure to serve Defendants pursuant to Rule 4(m) of the Federal Rules of

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Civil Procedure.

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Dated this 29th day of June, 2018.

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Honorable Stephen M. McNamee
Senior United States District Judge

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The procedural history of this case is set forth in the Magistrate Judge’s Report
and Recommendation. (Doc. 11.)
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