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Rigsby v. State

United States District Court, Ninth Circuit

January 13, 2014

Raymond Earl Rigsby, Plaintiff,
v.
State of Arizona, et al., Defendants.

ORDER

DAVID G. CAMPBELL, District Judge.

Plaintiff Raymond Earl Rigsby has filed a complaint pursuant to 28 U.S.C. § 1983. Doc. 1. United States Magistrate James F. Metcalf has issued a report and recommendation ("R&R") recommending that the unserved defendants (Reeder and Schriro) be dismissed without prejudice for failure to effect service. Doc. 157. 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 unserved defendants without prejudice.

IT IS ORDERED:

1. The R&R (Doc. 157) is accepted.
2. Defendants Reeder and Schriro are dismissed without prejudice.

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