Castillo v. Thornell

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Antonio Castillo, Jr.,
Plaintiff,
v.
Ryan F Thornell, et al.,
Defendants.
No. CV-24-01400-PHX-SMM
ORDER
This matter was referred to Magistrate Judge John Z. Boyle. (Doc. 3). On April 29,
2026, the Magistrate Judge filed a Report and Recommendation (“R&R”) with this Court.
(Doc. 41). The Magistrate Judge recommends that this Court dismiss Defendant Cory
Smith pursuant to Fed. R. Civ. P. 4 (m) and dismiss this action without prejudice pursuant
to Fed. R. Civ. P. 41 (b). (Id.) To date, no objections have been filed.
STANDARD OF REVIEW
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v.
Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service
of a copy of the Magistrate’s recommendation within which to file specific written
objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a
Magistrate Judge’s recommendation relieves the Court of conducting de novo review of
the Magistrate Judge’s factual findings and waives all objections to those findings on
appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a
Case 2:24-cv-01400-SMM Document 43 Filed 05/22/26 Page 1 of 2

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Magistrate Judge’s conclusion “is a factor to be weighed in considering the propriety of
finding waiver of an issue on appeal.” Id.
DISCUSSION1
Having reviewed the R&R of the Magistrate Judge, and no Objections having been
made by any party thereto, the Court hereby incorporates and adopts the R&R. Moreover,
Plaintiff has failed to serve Defendant Smith in this action and has failed to show cause
why his claims against Defendant Smith should not be dismissed for failure to serve. (Doc.
41).
CONCLUSION
Accordingly,
IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge. (Doc. 41).
IT 	IS 	FURTHER 	ORDERED 	dismissing 	Defendant 	Cory 	Smith 	without
prejudice. (Doc. 16).
IT IS FURTHER ORDERED dismissing Plaintiff’s Amended Complaint without
prejudice. (Doc. 16).
IT IS FURTHER ORDERED directing the Clerk of Court to terminate this action.
Dated this 22nd day of May, 2026.
1 The factual and procedural history of this case is set forth in the Magistrate Judge=s
Report and Recommendation (Doc. 41).
Case 2:24-cv-01400-SMM Document 43 Filed 05/22/26 Page 2 of 2