Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Gerald Corven Cope, III, No. CV-16-04565-PHX-ROS
Plaintiff, ORDER v.
Unknown Chelmagan,
Defendant.
On June 2, 2017, Magistrate Judge Bridget S. Bade issued a Report and Recommendation (“R&R”) recommending the Court dismiss this matter without prejudice for failure to comply with Court orders pursuant to Fed. R. Civ. P. 41(b). (Doc. 10.) No objections were filed.
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). Where any party has filed timely objections to the R&R, the district court’s review of the part objected to must be de novo . Id. If, however, no objections are filed, the district court need not conduct such a review. Schmidt v. Johnstone , 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003).
Accordingly,
IT IS ORDERED the Report and Recommendation (Doc. 10) is ADOPTED and the matter is DISMISSED without prejudice.
IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed *2 in forma pauperis on appeal are DENIED because the dismissal is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.
Dated this 25th day of August, 2017.
Honorable Roslyn O. Silver Senior United States District Judge - 2 -
