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Shabie v. Ryan

United States District Court, D. Arizona

March 31, 2015

Philbert Shabie, Plaintiff,
v.
Charles L. Ryan, et al., Defendants.

ORDER

JAMES A. TEILBORG, Senior District Judge.

Pending before the Court is the Report and Recommendation from the Magistrate Judge ("R&R"), (Doc. 54), recommending that this case be dismissed as to Defendant Paula Carpenter for Plaintiff's failure to serve that defendant.

Neither party filed objections to the R&R.[1] Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all... of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc ) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

The Court emphasizes that the R&R only recommends dismissing Plaintiff's claims against Defendant Carpenter, and therefore does not affect Plaintiff's claims against the remaining Defendants. Therefore,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation, (Doc. 54), is ADOPTED AND ACCEPTED;

IT IS FURTHER ORDERED that Plaintiff's claims against Defendant Paula Carpenter are DISMISSED WITHOUT PREJUDICE; Defendant Paula Carpenter is dismissed.


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