Red v. Arizona State Prison Complex Perryville et al

Filing 24

ORDERED that the Report and Recommendation 23 is accepted. Plaintiff's Second Amended Complaint 16 is dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall enter a judgment of dismissal and close this case. Signed by Judge Michael T Liburdi on 1/7/2025. (KLG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Felicia Ann Red,
Plaintiff,

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v.

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Arizona State Prison Complex Perryville, et
al.,

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No. CV-23-01787-PHX-MTL
ORDER

Defendants.

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Pending before the Court is the Report and Recommendation (“R&R”) (Doc. 23)

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from Magistrate Judge Eileen S. Willett, recommending that Plaintiff’s Second Amended

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Complaint (Doc. 16) be dismissed without prejudice for failure to serve pursuant to Fed.

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R. Civ. P. 4(m).

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Plaintiff was given fourteen days from the date of service of the R&R to file specific

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written objections with the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No

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objections have been received. Therefore, the Court will accept and adopt the R&R. See

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Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to

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conduct “any review at all . . . of any issue that is not the subject of an objection”; see also

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (explaining

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the “statute makes it clear that the district judge must review the magistrate judge’s findings

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and recommendations de novo if objection is made, but not otherwise”) (emphasis in

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original).

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....

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Accordingly,

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IT IS ORDERED that the Report and Recommendation (Doc. 23) is accepted.

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Plaintiff’s Second Amended Complaint (Doc. 16) is dismissed without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court shall enter a judgment of
dismissal and close this case.
Dated this 7th day of January, 2025.

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