Lummus #102598 v. Shinn et al

Filing 89

ORDER ADOPTING REPORT AND RECOMMENDATION re: 85 Report and Recommendation in full. Defendant Weigel is DISMISSED WITHOUT PREJUDICE for Plaintiff's failure to timely effect service. Signed by Senior Judge Roslyn O Silver on 5/10/24. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Wayne Lummus,
Plaintiff,

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v.

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David Shinn, et al.,

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No. CV-22-02079-PHX-ROS (ESW)
ORDER

Defendants.

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Magistrate Judge Eileen S. Willett issued a Report and Recommendation (“R&R”)

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recommending the Court dismiss Defendant Weigel without prejudice for Plaintiff’s failure

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to timely effect service (Doc. 85). On November 15, 2023, the Court ordered Plaintiff to

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show cause by November 28, 2023 why Defendant Weigel should not be dismissed for

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failure to timely effect service of process (Doc. 71). Plaintiff did not respond. Plaintiff

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also failed to object to the R&R. Thus, the R&R will be adopted in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 85) is ADOPTED IN

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FULL.

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IT IS FURTHER ORDERED Defendant Weigel is DISMISSED WITHOUT
PREJUDICE for Plaintiff’s failure to timely effect service.
Dated this 10th day of May, 2024.

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Honorable Roslyn O. Silver
Senior United States District Judge

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