Opinion
No. CV15-0911 PHX DGC (JFM)
05-12-2016
Dustin Wayne Herring, Plaintiff, v. Maricopa County Sheriff's Office, et al., Defendants.
ORDER
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.
Dated this 12th day of May, 2016.
/s/_________
David G. Campbell
United States District Judge