Opinion
No. CV-05-2250-PHX-DGC (MEA).
May 10, 2006
ORDER
Pending before the Court are Plaintiff's civil rights complaint and United States Magistrate Judge Mark E. Aspey's Report and Recommendation ("RR"). Docs. ##1, 8. The RR recommends that the Court dismiss the complaint for failure to comply with Rule 4(m), Federal Rules of Civil Procedure. Doc. #8 at 2.
The parties did not file objections, which relieves the Court of its obligation to review the RR. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed.R.Civ.P. 72(b) ("The district judge . . . shall make a de novo determination . . . of any portion of the magistrate judge's disposition to which specific written objection has been made[.]"). The Court will accept the RR and dismiss the complaint. See 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) (same).
IT IS ORDERED:
1. Magistrate Judge Mark E. Aspey's RR (Doc. #8 is accepted.
2. Petitioner Merlin Ayala's civil rights complaint (Doc. #1) is dismissed without prejudice.
3. The Clerk of Court shall terminate this action.