Marco Wayne Hall v. Lasalle Corrections West LLC, et al.

Opinion

1 WO 2 3 4 5

9 Marco Wayne Hall, NO. CV-24-02107-PHX-SMM (MTM)

10 Plaintiff, MEMORANDUM OF DECISION AND ORDER 11 v.

12 Lasalle Corrections West LLC, et al.,

13 Defendants. 14 15 The matter was referred to Magistrate Judge Michael T. Morrissey. (Doc. 2.) On 16 January 14, 2026, the Magistrate Judge filed a Report and Recommendation with this 17 Court. (Doc. 37). To date, no objections have been filed. The Magistrate Judge 18 recommends that Plaintiff’s claims against Defendants Does 1-6 be dismissed without 19 prejudice under Rule 41(b) of the Federal Rules of Civil Procedure because Plaintiff 20 failed to comply with the Court’s Order and file a “Notice of Substitution” providing the 21 actual names of Defendants Does 1-6. (Id.) 23 The Court Amay accept, reject, or modify, in whole or in part, the findings or 24 recommendations made by the magistrate.@ 28 U.S.C. ' 636(b)(1)(C); see Baxter v. 25 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the 26 service of a copy of the Magistrate=s recommendation within which to file specific 27 written objections to the Court. 28 U.S.C. ' 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to 28 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 Magistrate Judge’s conclusion “is a factor to be weighed in considering the 4|| propriety of finding waiver of an issue on appeal.” Id. 6 Having reviewed the Report and Recommendation of the Magistrate Judge, and no || Objections having been made by any party thereto, the Court hereby incorporates and 8 || adopts the Magistrate Judge’s Report and Recommendation. Moreover, Plaintiff failed to 9|| comply with the Court’s Order and file a “Notice of Substitution” providing the actual 10 || names of the Defendants Does 1-6, and the time for doing so has now expired. (Doc. 37). || Accordingly, the Court will dismiss Plaintiff's claims against Defendants Does 1-6 12 || without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure. 14 Accordingly, for the reasons set forth, 15 IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge. (Doc. 37.) 17 IT IS FURTHER ORDERED dismissing Plaintiff's Second Amended 18 |} Complaint (Doc. 11) without prejudice as to Defendants Does 1-6 under Fed. R. Civ. P. 41(b). 20 IT IS FURTHER ORDERED dismissing Defendants’ Motion to Dismiss John Does #1-6 (Doc. 30) as moot. 22 Dated this 9th day of February, 2026. 23 Ligh ia one 5 Stephen M. McNamee Senior United States District Judge 26 27 28

-2-