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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Donald Alphonso Allen, Plaintiff, 10 11 ORDER v. 12 No. CV-13-08048-PHX-GMS Commissioner of Arizona State Prison, et al., 13 Defendants. 14 15 Pending before the Court are Plaintiff’s Civil Rights Complaint and United States 16 Magistrate Judge Mark E. Aspey’s Report and Recommendation (“R&R”). Docs. 1, 32. 17 The R&R recommends that the Court dismiss the Complaint without prejudice. Doc. 32 18 at 6. The Magistrate Judge advised the parties that they had fourteen days to file 19 objections to the R&R and that failure to file timely objections could be considered a 20 waiver of the right to obtain review of the R&R. Id. at 7 (citing Fed. R. Civ. P. 72(b); 21 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 22 The parties did not file objections, which relieves the Court of its obligation to 23 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 24 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 25 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 26 determine de novo any part of the magistrate judge’s disposition that has been properly 27 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 28 taken. The Court will accept the R&R and dismiss the Complaint without prejudice. See 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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: 1. Magistrate Judge Aspey’s R&R (Doc. 32) is accepted. 2. Plaintiff’s Civil Rights Complaint (Doc. 1) is dismissed without prejudice. 3. 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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