Summary
This is a United States District Court for the District of Arizona order adopting a Magistrate Judge’s Report and Recommendation. The Court dismissed defendant Riviera without prejudice due to the plaintiff's failure to effectuate service within the time limits prescribed by Federal Rule of Civil Procedure 4(m). Because no party filed objections to the recommendation, the Court conducted a limited review but ultimately found the Magistrate Judge’s analysis well-taken and adopted it in full.
Topics
Practice areas
Questions Presented
- Whether the district court must conduct de novo review of a magistrate judge's report and recommendation when no objections are filed.
Holdings
- The district court may adopt the magistrate judge's report and recommendation without conducting any review of portions that were not specifically objected to.
Key quotations
“A district judge “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b); see also Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”).”
Factual background
Plaintiff filed a civil rights complaint but failed to serve Defendant Riviera. The magistrate judge recommended dismissal for failure to serve, and the parties filed no objections.
Procedural history
Plaintiff filed a First Amended Complaint under 42 U.S.C. §1983. The magistrate judge issued a Report and Recommendation dismissing Defendant Riviera under Fed. R. Civ. P. 4(m). No objections were filed, and the district court adopted the R&R in full.