Allen v. Unknown Party et al

Filing 34

ORDER ADOPTING 32 Magristrate Judge Aspey's Report and Recommendation. Plaintiff's Civil Rights Complaint (Doc. 1 ) is dismissed without prejudice. The Clerk shall terminate this action and enter judgment. The docket shall reflect that the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of this decision would not be taken in good faith. Signed by Judge G Murray Snow on 5/30/14. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Donald Alphonso Allen,
Plaintiff,

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ORDER

v.

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No. CV-13-08048-PHX-GMS

Commissioner of Arizona State Prison, et
al.,

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Defendants.

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Pending before the Court are Plaintiff’s Civil Rights Complaint and United States

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Magistrate Judge Mark E. Aspey’s Report and Recommendation (“R&R”). Docs. 1, 32.

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The R&R recommends that the Court dismiss the Complaint without prejudice. Doc. 32

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at 6. The Magistrate Judge advised the parties that they had fourteen days to file

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objections to the R&R and that failure to file timely objections could be considered a

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waiver of the right to obtain review of the R&R. Id. at 7 (citing Fed. R. Civ. P. 72(b);

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

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and dismiss the Complaint without prejudice. See

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28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.
P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended
disposition; receive further evidence; or return the matter to the magistrate judge with
instructions.”).
IT IS ORDERED:
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Magistrate Judge Aspey’s R&R (Doc. 32) is accepted.

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Plaintiff’s Civil Rights Complaint (Doc. 1) is dismissed without

prejudice.
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The Clerk of Court shall terminate this action and enter judgment

accordingly.
4.

The docket shall reflect that the Court certifies, pursuant to 28 U.S.C.

§ 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of
this decision would not be taken in good faith.
Dated this 30th day of May, 2014.

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