Goins v. Phoenix Police Department et al

Filing 47

ORDER that the R&R 46 is ACCEPTED. The reference of this case to the Magistrate Judge is WITHDRAWN, and this action shall be DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment accordingly and terminate this case. Signed by Judge Douglas L Rayes on 11/19/2021. (REK)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Shana B Goins,
Plaintiff,

10
11

ORDER

v.

12

No. CV-21-01162-PHX-DLR (CDB)

Phoenix Police Department, et al.,

13

Defendants.

14
15
16

Before the Court is United States Magistrate Judge Camille D Bibles’ Report and

17

Recommendation (“R&R”) recommending that the Court dismiss this action without

18

prejudice for Plaintiff’s failure to serve any named defendant pursuant to Rule 4(m) of the

19

Federal Rules of Civil Procedure. (Doc. 46.) The Magistrate Judge advised the parties that

20

they had fourteen days to file objections to the R&R and that failure to file timely objections

21

could be considered a waiver of the right to obtain review of the R&R. See United States

22

v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (failing to timely object to an R&R

23

waives review of that R&R).

24

Neither party filed objections, which relieves the Court of its obligation to review

25

the R&R. Still, the Court reviewed the R&R and finds it well-taken. The Court accepts

26

the R&R in its entirety. See 28 U.S.C. § 636(b)(1) (stating that the district court “may

27

accept, reject, or modify, in whole or in part, the findings or recommendations made by the

28

magistrate”); Fed. R. Civ. P. 72(b)(3).

1

IT IS ORDERED that the R&R (Doc. 46) is ACCEPTED.

2

IT IS FURTHER ORDERED the reference of this case to the Magistrate Judge is

3
4
5
6

WITHDRAWN, and this action shall be DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of the Court enter judgment
accordingly and terminate this case.
Dated this 19th day of November, 2021.

7
8
9
10
11

Douglas L. Rayes
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-