Opinion
No. CV17-1481 PHX DGC (JFM)
12-04-2018
Billy Burton, Plaintiff, v. Charles L. Ryan, et al., Defendants.
ORDER
Plaintiff Billy Burton has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Doc. 1. On July 19, 2018, United States Magistrate James F. Metcalf ordered Plaintiff to file a memorandum showing cause why Defendant Brown should not be dismissed without prejudice for failure to effect service. Doc. 17. Plaintiff has not responded. Magistrate Judge Metcalf therefore issued a report and recommendation ("R&R") recommending that pursuant to Rule 4(m), Defendant Brown be dismissed without prejudice. Doc. 19. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and dismiss Defendant Brown without prejudice pursuant to Rule 4(m).
IT IS ORDERED:
1. The R&R (Doc. 19) is accepted.
2. Defendant Brown is dismissed without prejudice pursuant to Rule 4(m).
3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied .
Dated this 4th day of December, 2018.
/s/_________
David G. Campbell
Senior United States District Judge