Warden v. Robinson

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION. It is Ordered that Plaintiff's Motion to Proceed In Forma Pauperis is GRANTED. It is further Ordered that Plaintiff is granted leave to effect service of the original Complaint and the First Amende d Complaint with a copy of the Report and Recommendation and this Order on the remaining Defendant Robinson. Plaintiff must comply with the Federal Rules of Civil Procedure Rule 4(m) with reference to service of the Summons and Complaint. Signed by Senior Judge David C Bury on 8/22/2013. (MFR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roy Warden,

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Plaintiff,

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vs.

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Bob Walkup, et al.,
Defendants.

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CV-13-283-TUC-DCB
ORDER

Magistrate Judge Velasco issued his Report and Recommendation on August 8, 2013,
recommending that the District Court grant Plaintiff’s motion to proceed in forma pauperis
and dismiss Defendants Walkup, Kozachik, Miranda, Rankin, Riojas, Villasenor, Couch and
the City of Tucson from the action.

A copy was sent to all parties on August 8, 2013,

notifying all parties that written objections must be filed within fourteen days of service. 28
U.S.C. §636(b). No objections to the Magistrate Judge’s Report and Recommendation have
been filed. Fed.R.Civ.P. 72. Plaintiff filed a First Amended Complaint which is substantially
similar to the original Complaint and contains the same legal infirmities as described by the
Report and Recommendation. Consequently, any objections that have not been raised are
waived and will not be addressed by the Court.
The Court, having made an independent review of the record, orders as follows:
IT IS ORDERED that Magistrate Judge Velasco’s Report and Recommendation
(Doc. 6) is ACCEPTED and ADOPTED by this Court as the findings of fact and
conclusions of law.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Proceed In Forma Pauperis
is GRANTED.

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IT IS FURTHER ORDERED that Plaintiff is granted leave to effect service of the

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original Complaint and the First Amended Complaint with a copy of the Report and

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Recommendation and this Order on the remaining Defendant Robinson. Plaintiff must

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comply with the Federal Rules of Civil Procedure Rule 4(m) with reference to service of the

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Summons and Complaint.

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DATED this 22nd day of August, 2013.

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