Long v. Gray et al

Filing 51

ORDER - IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 48 ) is accepted and Defendant Gray and Plaintiff's claims against Defendant Gray are dismissed. (See document for further details). Signed by Judge Susan M Brnovich on 6/3/2021. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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DeWitt Lamar Long,
Plaintiff,

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ORDER

v.

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No. CV-20-00097-PHX-SMB (CDB)

Unknown Gray, et al.,

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Defendants.

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Pending before the Court is the Report and Recommendation (“R&R”) of

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Magistrate Judge Camille Bibles (Doc. 48) recommending that Defendant Gray and

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Plaintiff’s claims against Defendant Gray be dismissed without prejudice, based on the

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failure to serve Defendant Gray. The Magistrate Judge advised the parties that they had

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fourteen days to file objections to the R&R. (R&R at p. 5) (citing Rule 72(b), Federal Rules

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of Civil Procedure; Rule 8(b), Rules Governing Section 2254 Proceedings). Plaintiff filed

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his objection on May 6, 2021 (Doc. 49) and the remaining Defendants filed a response to

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Plaintiff’s objection on May 18, 2021. (Doc. 50)

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The Court has considered the objections and reviewed the Report and

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Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that

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the court must make a de novo determination of those portions of the Report and

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Recommendation to which specific objections are made). The Court agrees with the

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Magistrate Judge’s determinations, accepts the recommended decision within the meaning

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of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28 U.S.C. §

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636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part,

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the findings or recommendations made by the magistrate”).

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IT IS THEREFORE ORDERED that Report and Recommendation of the

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Magistrate Judge (Doc. 48) is accepted and Defendant Gray and Plaintiff’s claims against

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Defendant Gray are dismissed.

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Dated this 3rd day of June, 2021.

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