Ahlden v. Rios et al
ORDER ADOPTING REPORT AND RECOMMENDATION 17 of Magistrate Judge Shon T. Erwin and dismissing the action without prejudice for failure to comply with the magistrate judge's order regarding service of process and to effect service of process. Signed by Honorable Joe Heaton on 10/17/2016. (cla)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
HECTOR RIOS, JR., et al.,
Plaintiff, a state prisoner appearing pro se, filed this § 1983 action alleging violations
of his constitutional rights. Pursuant to 28 U.S.C. §636(b)(1)(B), the matter was referred to
Magistrate Judge Shon T. Erwin for initial proceedings. He has recommended that it be
dismissed without prejudice due to plaintiff’s failure to effect service.
The magistrate judge, by order entered on June 20, 2016 [Doc. #15], directed plaintiff
to serve each defendant and advised him that “[t]he failure to timely file proof of service
could result in dismissal of the action.” Id. at p. 5. Plaintiff did not comply with the
magistrate judge’s order. He did not file proofs of service, submit the copies required for
service to be effected or seek an extension of time within which to serve the defendants. He
also failed to object to the magistrate judge’s Report and Recommendation recommending
that the action be dismissed. Plaintiff thereby waived his right to appellate review of the
factual and legal issues it addressed. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir.
2010); see 28 U.S.C. §636(b)(1)(C).
Accordingly, the court ADOPTS Magistrate Judge Erwin’s Report and
Recommendation and dismisses the action without prejudice for failure to comply with the
magistrate judge’s order regarding service of process and to effect service of process.
IT IS SO ORDERED.
Dated this 17th day of October, 2016.
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