Opinion
No. CV17-2329 PHX DGC (CDB)
04-04-2019
Francisco Antonio Mishenko, III, Plaintiff, v. Mesa Police Department, et al., Defendants.
ORDER
Plaintiff Francisco Antonio Mishenko, III has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. Doc. 1. United States Magistrate Camille D. Bibles has issued a report and recommendation ("R&R") recommending that the complaint be dismissed for Plaintiff's failure to prosecute. Doc. 65. 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 the complaint for failure to prosecute.
IT IS ORDERED:
1. The R&R (Doc. 65) is accepted.
2. The civil rights complaint (Doc. 1) is dismissed with prejudice for failure to prosecute.
3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied
4. The Clerk is directed to terminate this action.
Dated this 4th day of April, 2019.
/s/_________
David G. Campbell
Senior United States District Judge