Taylor v. Prescott, City of et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Noah Well Taylor,
Plaintiff,
v.
City of Prescott, et al.,
Defendants.
No. CV-25-08132-PCT-ROS
ORDER
Before the Court is the Magistrate Judge’s Report and Recommendation (“R&R”)
recommending dismissal of Plaintiff’s Complaint for failure to serve Defendants and
failure to comply with multiple court orders. (Doc. 6.) Neither party filed objections to the
R&R. The Court will accept and adopt the R&R as follows.
I. BACKGROUND
On June 23, 2025, Plaintiff Noah Well Taylor filed a pro se civil rights Complaint
pursuant to 42 U.S.C. § 1983. (Doc. 1.) The Court ordered Plaintiff to serve the six named
Defendants by October 17, 2025. (Doc. 4.) After Plaintiff failed to serve Defendants, the
Court issued an order requiring Plaintiff to show cause on or before December 9, 2025,
why his claims should not be dismissed. (Doc. 5.)
After Plaintiff failed to respond to the Court’s show cause order, Magistrate Judge
John Z. Boyle issued an R&R recommending dismissal of Plaintiff’s Complaint for failure
to serve Defendants and failure to comply with multiple court orders. (Doc. 6.) To date,
Plaintiff has not served any Defendant and has not responded to the Court’s orders.
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II. LEGAL STANDARD
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). The district court
must review de novo the portions to which an objection is made. Id. When no objection is
made, the district court need only review de novo a magistrate judge’s conclusions of law.
See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (citing Turner v. Duncan, 158
F.3d 449, 455 (9th Cir. 1998)).
III. REPORT AND RECOMMENDATION
In the R&R, the Magistrate Judge recommended the Complaint be dismissed
because there is no good cause to excuse Plaintiff’s failure to serve Defendants. (Doc. 6 at
3.) The Magistrate Judge also considered the Ferdik factors, see Ferdick v. Bonzelet, 963
F.2d 1258, 1260 (1992), in recommending dismissal for failure to comply with court orders
under Rule 41(b) of the Federal Rules of Civil Procedure:
Here, the first, second, and third factors favor dismissal of this case. The
fourth factor, as always, weighs against dismissal. With regard to the fifth
factor, the Court has considered whether there are less drastic sanctions
available, and finds there are none. Plaintiff was given ample time to serve
the Defendants in this action. Additionally, Plaintiff was put on notice twice
that he was required to serve the Defendants in this action.
(Doc. 6 at 4.)
As explained in the R&R, Plaintiff has failed to timely serve Defendants and to
comply with multiple court orders. The Court finds the R&R is thorough and well-
reasoned, without any clear error of law or fact. See United States v. Remsing, 874 F.2d
614, 617–18 (9th Cir. 1989). Pursuant to 28 U.S.C. § 636(b)(1), the Court accepts and
adopts the R&R as the opinion of the Court. For the reasons stated in the R&R, the Court
dismisses the Complaint and all Defendants without prejudice.
Accordingly,
IT IS ORDERED the Report and Recommendation (Doc. 6) is adopted as the
opinion of the Court.
IT IS FURTHER ORDERED the Complaint (Doc. 1) and all Defendants are
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DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to enter judgment
in favor of Defendants and close this case.
IT IS FURTHER ORDERED directing the Clerk of Court to mail this Order to
Plaintiff’s address listed on the docket and to email this Order to Plaintiff’s email address:
Noahsmightymen@gmail.com.
Dated this 14th day of April, 2026.
Honorable Roslyn O. Silver
Senior United States District Judge
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