Hill #282429 v. Ochoa et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Justin Dwayne Hill,
Plaintiff,
v.
Cassandra Ochoa, et al.,
Defendants.
No. CV-25-02088-PHX-GMS (MTM)
ORDER
Pending before the Court is the Amended Report and Recommendation (“R&R”) of
Magistrate Judge Michael T. Morrissey (Doc. 87) regarding Plaintiff’s failure to effect
service on Defendants Martinez and Santiago and the service deadline has expired.
Plaintiff filed Objections to the R&R (Doc. 92).
The Court has considered Plaintiff’s objections and reviewed the R&R de novo. See
Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the Court must make a de novo
determination of those portions of the Report and Recommendation to which specific
objections are made). The Court accepts the magistrate judge’s recommended disposition
within the meaning of Rule 72(b), Fed. R. Civ. P., and overrules Plaintiff’s objections. 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”).
The Court has provided assistance to Plaintiff in his efforts to effect service and has
given Plaintiff more than enough time to do so. Yet, the docket does not reflect that
Plaintiff has completed service in compliance with the federal rules. Plaintiff’s failure to
Case 2:25-cv-02088-GMS-MTM Document 103 Filed 05/29/26 Page 1 of 2

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effect service on these defendants as directed prevents the case from proceeding against
them in the foreseeable future.
IT IS THEREFORE ORDERED accepting the R&R of Magistrate Judge
Morrissey (Doc. 87) that Defendants Martinez and Santiago be dismissed without prejudice
due to Plaintiff’s failure to timely effectuate service upon these defendants.
IT IS FURTHER ORDERED directing the Clerk of Court to terminate Defendants
Martinez and Santiago.
Dated this 29th day of May, 2026.
Case 2:25-cv-02088-GMS-MTM Document 103 Filed 05/29/26 Page 2 of 2