United States District Court, D. Arizona
Dominic W. Lanza United States District Judge
before the Court is the Report and Recommendation (Doc. 14)
(“R&R”) from the Magistrate Judge screening
the amended complaint (Doc. 13) pursuant to 28 U.S.C. §
party has filed objections to the R&R and the time to
object has elapsed.Accordingly, the Court accepts the R&R.
See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50
(1985) (“It does not appear that Congress intended to
require district court review of a magistrate's factual
or legal conclusions, under a de novo or any other
standard, when neither party objects to those
findings.”); Schmidt v. Johnstone, 263
F.Supp.2d 1219, 1226 (D. Ariz. 2003) (“[N]o review is
required of a magistrate judge's report and
recommendation unless objections are filed.”). See
also United States v. Reyna-Tapia, 328 F.3d 1114, 1221
(9th Cir. 2003) (“[T]he district judge must review the
magistrate judge's findings and recommendations de novo
if objection is made, but not otherwise.”).
on the foregoing, IT IS ORDERED that the
R&R (Doc. 14) accepted.
IS FURTHER ORDERED that Defendants (1) ADOC Director
Charles L. Ryan, (2) Arizona Corrections Institute, (3)
Arizona Corrections Industries, (4) Corizon Health Services
LLC, and (5) Alliance Truss Company Incorporated be
dismissed, without prejudice.
IS FURTHER ORDERED that Defendants Ende and Smith
must respond to the First Amended Complaint.
Clerk of Court must send Plaintiff a copy of this Order, and
a copy of the Marshal's Process Receipt & Return form
(USM-285) and Notice of Lawsuit & Request for Waiver of
Service of Summons form for Defendants Ende and Smith.
Plaintiff must complete and return the service packet to the
Clerk of Court within 21 days of the date of filing of this
Order. The United States Marshal will not provide service of
process if Plaintiff fails to comply with this Order.
Plaintiff does not either obtain a waiver of service of the
summons or complete service of the Summons and First Amended
Complaint on a Defendant within 90 days of the filing of the
Complaint or within 60 days of the filing of this Order,
whichever is later, the action may be dismissed as to each
Defendant not served. Fed.R.Civ.P. 4(m); LRCiv
United States Marshal must retain the Summons, a copy of the
First Amended Complaint, and a copy of this service order for
United States Marshal must notify Defendants of the
commencement of this action and request waiver of service of
the summons pursuant to Rule 4(d) of the Federal Rules of
Civil Procedure. The notice to Defendants must include a copy
of this service order. The Marshal must immediately file
signed waivers of service of the summons.
a waiver of service of summons is returned as undeliverable
or is not returned by a Defendant within 30 days from the
date the request for waiver was sent by the Marshal, the
(a) personally serve copies of the Summons, First Amended
Complaint, and this service order upon Defendant pursuant to
Rule 4(e)(2) of the Federal Rules of Civil Procedure; and
(b) within 10 days after personal service is effected, file
the return of service for Defendant, along with evidence of
the attempt to secure a waiver of service of the summons and
of the costs subsequently incurred in effecting service upon
Defendant. The costs of service must be enumerated on the
return of service form (USM-285) and must include the costs
incurred by the Marshal for photocopying additional copies of
the Summons, First Amended Complaint, or the service order
and for preparing new process receipt and return forms
(USM285), if required. Costs of service will be taxed ...