LaPointe v. Corizon

Full title: Anthony Gregory LaPointe, Plaintiff, v. Corizon, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: Apr 4, 2018

No. CV-16-03809-PHX-DJH (JFM) (D. Ariz. Apr. 4, 2018)

Opinion

No. CV-16-03809-PHX-DJH (JFM)

04-04-2018

Anthony Gregory LaPointe, Plaintiff, v. Corizon, et al., Defendants.

Honorable Diane J. Humetewa United States District Judge

ORDER

This matter is before the Court on the Report and Recommendation re Screening of First Amended Complaint ("R&R") issued by United States Magistrate Judge James F. Metcalf on January 31, 2018. (Doc. 81). In the R&R, Judge Metcalf recommends that Defendant John Doe #1 be dismissed without prejudice for failure to timely effect service. (Id.)

Judge Metcalf advised the parties that the parties had fourteen days to file objections and that the failure to file timely objections "will be considered a waiver of a party's right to de novo consideration of the issues." (Doc. 81 at 2) (citing United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003) (en banc)). No objections have been filed and the time to do so has expired. Absent any objections, the Court is not required to review the findings and recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (The relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1)(C), "does not on its face require any review at all . . . of any issue that is not the subject of an objection."); Reyna-Tapia, 328 F.3d at 1121 (same); Fed.R.Civ.P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to.").

Nonetheless, the Court has reviewed the R&R and agrees with its findings and recommendations. The Court will, therefore, accept the R&R and adopt Judge Metcalf's recommendations. See 28 U.S.C. § 636(b)(1)(C) ("A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge."); Fed.R.Civ.P. 72(b)(3) (same).

Accordingly,

IT IS ORDERED that Magistrate Judge Metcalf's R&R (Doc. 81) is accepted and adopted as the order of this Court.

IT IS FURTHER ORDERED that Defendant John Doe #1 is DISMISSED WITHOUT PREJUDICE for failure to effect timely service.

Dated this 4th day of April, 2018.

/s/_________

Honorable Diane J. Humetewa

United States District Judge