Salcido v. CoreCivic Incorporated ( 2020 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Albert Salcido, Jr., No. CV-20-00332-PHX-DGC (ESW) 9 Plaintiff, ORDER 10 vs. 11 CoreCivic Inc.; Warden Bruno Stolc; and 12 Corrections Officer Chester Collins, 13 Defendants. 14 15 16 Plaintiff, through counsel, brought this prisoner civil rights action under 42 U.S.C. 17 § 1983. Docs. 1, 9. The Court screened the amended complaint pursuant to 28 U.S.C. 18 § 1915A(a), directed Plaintiff to serve process on each Defendant in compliance with the 19 Federal Rules of Civil Procedure and the Court’s Local Rules, and ordered Defendants to 20 answer the alleged Eighth Amendment violation asserted in count one (the sole count 21 asserted in the amended complaint). Docs. 6, 10. Defendants CoreCivic and Stolc were 22 served and have answered. Docs. 11, 12. 23 Magistrate Judge Eileen Willett has issued a report recommending that Defendant 24 Collins be dismissed without prejudice because he has not been served with process and 25 Plaintiff failed to respond to the order to show cause filed on September 29, 2020 26 (“R&R”). Doc. 17 (citing Fed. R. Civ. P. 4(m)). No objection has been filed, which 27 relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. 28 1| R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna- 2| Tapia, 328 F.3d 1114, 1121 (th Cir. 2003). The Court will accept the R&R and dismiss 3| Defendant Collins. 4 IT IS ORDERED: 5 1. Judge Willett’s R&R (Doc. 17) is accepted. 6 2. Defendant Collins is dismissed without prejudice from this action. 7 Dated this 3rd day of December, 2020. 8 9 » pun 6 Cor plhtl 10 David G. Campbell 11 Senior United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-