Opinion
CV-23-01468-PHX-DLR (ASB)
05-23-2024
Jon Wagner, Plaintiff, v. Edward Scot Logan, et al., Defendants.
ORDER
Douglas L. Rayes, United States District Judge
Before the Court is United States Magistrate Judge Bachus' Report and Recommendation (“R&R”) recommending that the Court dismiss Plaintiff's Complaint without prejudice as to the unserved defendants (Edward Scot Logan, Edward Wesley Logan, and Does 1-10) only. (Doc. 12.) The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (failing to timely object to an R&R waives review of that R&R).
Neither party filed objections, which relieves the Court of its obligation to review the R&R. Still, the Court reviewed the R&R and finds it well-taken. The Court accepts the R&R in its entirety. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate”); Fed.R.Civ.P. 72(b)(3).
IT IS ORDERED that the R&R (Doc. 12) is ACCEPTED.
IT IS FURTHER ORDERED that Plaintiff's Complaint (Doc. 1) be dismissed without prejudice as to the unserved defendants (Edward Scot Logan, Edward Wesley Logan, and Does 1-10) only, and that the Clerk of Court terminate those defendants from this action accordingly.