HERRING v. MARICOPA COUNTY SHERIFF'S OFFICE, CV15-0911 PHX DGC (JFM). (2016)
Court: District Court, D. Arizona
Number: infdco20160513b24
Visitors: 7
Filed: May 12, 2016
Latest Update: May 12, 2016
Summary: ORDER DAVID G. CAMPBELL , District Judge . Plaintiff Dustin Wayne Herring has filed a civil rights complaint pursuant to 28 U.S.C. 1343; 42 U.S.C. 1983. Doc. 1. United States Magistrate James F. Metcalf has issued a report and recommendation ("R&R") recommending that the complaint be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to follow Court orders. Doc. 28. No objection has been filed, which relieves the Court of its obligatio
Summary: ORDER DAVID G. CAMPBELL , District Judge . Plaintiff Dustin Wayne Herring has filed a civil rights complaint pursuant to 28 U.S.C. 1343; 42 U.S.C. 1983. Doc. 1. United States Magistrate James F. Metcalf has issued a report and recommendation ("R&R") recommending that the complaint be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to follow Court orders. Doc. 28. No objection has been filed, which relieves the Court of its obligation..
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ORDER
DAVID G. CAMPBELL, District Judge.
Plaintiff Dustin Wayne Herring has filed a civil rights complaint pursuant to 28 U.S.C. § 1343; 42 U.S.C. § 1983. Doc. 1. United States Magistrate James F. Metcalf has issued a report and recommendation ("R&R") recommending that the complaint be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to follow Court orders. Doc. 28. 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 complaint without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to follow Court orders.
IT IS ORDERED:
1. The R&R (Doc. 28) is accepted.
2. The civil rights complaint (Doc. 1) is dismissed without prejudice.
3. Defendant's motion for summary judgment for failure to exhaust administrative remedies (Doc. 22) and Defendant's motion to continue deadline to depose Plaintiff (Doc. 29) are denied as moot.
4. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied
5. The Clerk is directed to terminate this action.
Source: Leagle
