Opinion
No. CV-13-00887-PHX-ROS
12-10-2014
Issac Joseph Ramos, Plaintiff, v. Arizona Department of Corrections, et al., Defendants.
ORDER
Before the Court is a Report and Recommendation from the Magistrate Judge (Doc. 26) pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b)(1), Fed. R. Civ. P. No objection to the report and recommendation was filed and the time for doing so has expired. See Fed. R. Civ. P. 72(b)(2).
In an order filed October 16, 2014 (Doc. 24), the Court observed that the parties' Rule 26(f) Report (Doc. 23) reported Plaintiff had failed to serve his initial disclosures. Those disclosures were due by September 29, 2014. (See Doc. 19.) Accordingly, the Court ordered Plaintiff to either: (1) serve his initial disclosure statement and file a notice of service; or (2) file a response showing cause why the action should not be dismissed for failure to prosecute as a result of Plaintiff's failure to make disclosures as ordered. (Doc. 24.) To date, Plaintiff has neither filed a notice of service nor responded to the order to show cause. Therefore, the court accepts the recommended decision of the United States Magistrate Judge and grants dismissal.
Accordingly,
IT IS ORDERED the Report and Recommendation (Doc. 26) is ADOPTED IN FULL.
IT IS FURTHER ORDERED this case is dismissed without prejudice pursuant to Federal Rule of Civil Procedure Rule 41, and the Clerk shall enter judgment accordingly.
IT IS FURTHER ORDERED the docket shall reflect the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a)(3)(A), that any appeal of this decision would not be taken in good faith.
Dated this 10th day of December, 2014.
/s/_________
Honorable Roslyn O. Silver
Senior United States District Judge