Fragassi v. Brown et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge James F Metcalf's Report and Recommendation 11 is accepted; Plaintiff's Civil Rights Complaint 1 is dismissed without prejudice; the Clerk shall terminate this action; 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 1/9/14. (REW)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Mario William Fragassi, Plaintiff, 10 11 ORDER v. 12 No. CV-13-08140-PCT-GMS Unknown Brown, et al., 13 Defendants. 14 15 Pending before the Court are Petitioner’s Civil Rights Complaint and United 16 States Magistrate Judge James F. Metcalf’s Report and Recommendation (“R&R”). 17 Docs. 1, 11. The R&R recommends that the Court dismiss the Complaint without 18 prejudice for failure to effect service pursuant to Rule 4(m). 19 Magistrate Judge advised the parties that they had fourteen days to file objections to the 20 R&R and that failure to file timely objections could be considered a waiver of the right to 21 obtain review of the R&R. Id. at 3 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 22 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). Doc. 11 at 3. The 23 The parties did not file objections, which relieves the Court of its obligation to 24 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 25 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 26 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 27 determine de novo any part of the magistrate judge’s disposition that has been properly 28 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 1 taken. The Court will accept the R&R and dismiss the Complaint without prejudice. See 2 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in 3 whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. 4 P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended 5 disposition; receive further evidence; or return the matter to the magistrate judge with 6 instructions.”). 7 IT IS ORDERED: 8 1. Magistrate Judge James F. Metcalf’s R&R (Doc. 11) is accepted. 9 2. Plaintiff’s Civil Rights Complaint (Doc. 1) is dismissed without 10 prejudice. 11 3. The Clerk of Court shall terminate this action. 12 4. The docket shall reflect that the Court certifies, pursuant to 28 U.S.C. 13 ' 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of 14 this decision would not be taken in good faith. 15 Dated this 9th day of January, 2014. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?