Griffin v. Arpaio

Full title: Darin Wayne Griffin, Plaintiff, v. Joseph Arpaio, Defendant

Court: United States District Court, D. Arizona

Date published: Dec 15, 2009

CV 09-1418-PHX-PGR (MEA) (D. Ariz. Dec. 15, 2009)

Opinion

CV 09-1418-PHX-PGR (MEA).

December 15, 2009

ORDER

PAUL ROSENBLATT, District Judge

The Court having reviewed the Report and Recommendation of Magistrate Judge Aspey and no party having filed any objection to the Report and Recommendation,

IT IS HEREBY ORDERED that Magistrate Judge Aspey's Report and Recommendation (Doc. 8) is ACCEPTED and ADOPTED by the Court.

IT IS FURTHER ORDERED that this case is DISMISSED without prejudice for Plaintiff's failure to serve¹ the Defendant in this matter and Plaintiff's failure to comply with the Court's order of August 11, 2009.²

1 Plaintiff was provided with written warning that his failure to acquire a waiver of service from Defendant or to complete service of process on Defendant within 120 days of the date the complaint was filed, by November 3, 2009, would result in the dismissal of the complaint pursuant to Fed.R.Civ.P. 4(m) and LRCiv. 16.2(b)(2)(B).

2 Plaintiff further failed to respond to a November 4, 2009 Order to Show Cause why the case should not be dismissed for failure to serve and failure to comply with the Court's previous order.