Opinion
Case No. 2:05-CV-00722 PHX JWS.
June 21, 2006
ORDER FROM CHAMBERS [Re: Report and Recommendation at Docket 17]
I. MATTER PRESENTED
Before the court is a report and recommendation filed by Magistrate Judge Anderson at docket 17. The magistrate judge recommends dismissing without prejudice plaintiff's claims against the two remaining defendants on the ground he failed to serve them pursuant to Federal Rule of Civil Procedure 4(m) and the court's order at docket 16. Plaintiff has not filed an objection to the report and recommendation.
II. STANDARD OF REVIEW
The district court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." When reviewing a magistrate judge's report and recommendation in a habeas case, the district court reviews de novo findings of fact and conclusions of law and to which parties object. The court reviews for clear error uncontested findings of fact.
Id.
Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989), overruled on other grounds by Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir. 1996).
Taberer v. Armstrong World Indus., Inc., 954 F.2d 888, 906 (3d Cir. 1992).
III. DISCUSSION
Having reviewed the report and recommendation according to the standard articulated above, the court ACCEPTS it. Plaintiff's claims against defendants Trawick and John Doe Badge #12926 are DISMISSED without prejudice for failure to serve.