Summary
denying motion for default given lack of proof of service
Summary of this case from O'Neil v. New YorkOpinion
Case No. 2:20-cv-00648-JAD-EJY
07-21-2020
Aimee O'Neil, Plaintiff v. Andrew Poland, Defendant
Order Adopting Report and Recommendation and Dismissing Case
[ECF Nos. 12, 13]
Plaintiff Aimee O'Neil brings this civil-rights action against the Colorado Office of Alternate Defense Counsel and Andrew Poland, the public defender who represented her in a Colorado State Court prosecution. On June 29, 2020, the magistrate judge entered a report and recommendation to dismiss this case, primarily because this court lacks personal jurisdiction over these Colorado-based defendants with no apparent connection to Nevada. The magistrate judge also recommends that I deny O'Neil's pending motion for entry of default against the defendants because the record does not reflect that they were properly served with process. The deadline for objections to that report and recommendation passed a week ago, and O'Neil submitted no objection or request to extend the deadline to file one. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed."
ECF No. 13.
Id. at 5-6.
Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). --------
With good cause appearing, IT IS HEREBY ORDERED that the Report and Recommendation [ECF No. 13] is ADOPTED in full;
IT IS FURTHER ORDERED that Plaintiff's Motion for Entry of Default [ECF No. 12] is DENIED;
IT IS FURTHER ORDERED that this action is DISMISSED for lack of personal jurisdiction.
The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.
Dated: July 21, 2020
/s/_________
U.S. District Judge Jennifer A. Dorsey