Opinion
CV-20-01284-PHX-DLR (JFM)
03-09-2022
Shawn Charles Goff, Plaintiff, v. Unknown Rode, et al., Defendants.
ORDER
Douglas L. Rayes, United States District Judge
Before the Court is United States Magistrate Judge James F. Metcalf's Report and Recommendation (“R&R”) recommending that the Court dismiss Defendant Castro-Hermosillo without prejudice for Plaintiff's failure to serve Defendant Castro-Hermosillo pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (Doc. 88.) The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (failing to timely object to an R&R waives review of that R&R).
Neither party filed objections, which relieves the Court of its obligation to review the R&R. Still, the Court reviewed the R&R and finds it well-taken. The Court accepts the R&R in its entirety. 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)(3).
IT IS ORDERED that the R&R (Doc 88) is ACCEPTED
IT IS FURTHER ORDERED that Defendant Castro-Hermosillo is DISMISSED WITHOUT PREJUDICE