Pierce #232807 v. Thornell et al

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
John Balla Pierce,
Plaintiff,
v.
Ryan Thornell, et al.,
Defendants.
No. CV-25-02067-PHX-DLR (JZB)
ORDER
Before the Court is United States Magistrate Judge Boyle’s Report and
Recommendation (“R&R”) recommending that the Court dismiss Defendant Mejia without
prejudice for Plaintiff’s failure to timely serve defendant pursuant to Rule 4(m) of the
Federal Rules of Civil Procedure. (Doc. 17.) The Magistrate Judge advised the parties that
they had fourteen days to file objections to the R&R and that failure to file timely objections
could be considered a waiver of the right to obtain review of the R&R. See United States
v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (failing to timely object to an R&R
waives review of that R&R).
Neither party filed objections, which relieves the Court of its obligation to review
the R&R. Still, the Court reviewed the R&R and finds it well-taken. The Court accepts
the R&R in its entirety. See 28 U.S.C. § 636(b)(1) (stating that the district court “may
accept, reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate”); Fed. R. Civ. P. 72(b)(3).
Case 2:25-cv-02067-DLR-JZB Document 19 Filed 02/06/26 Page 1 of 2

- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IT IS ORDERED that the R&R (Doc. 17) is ACCEPTED.
IT IS FURTHER ORDERED that Defendant Mejia shall be DISMISSED
WITHOUT PREJUDICE.
Dated this 6th day of February, 2026.
Douglas L. Rayes
Senior United States District Judge
Case 2:25-cv-02067-DLR-JZB Document 19 Filed 02/06/26 Page 2 of 2