Diamond v. Alaska Native Tribal Health Consortium et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
DANIEL B. DIAMOND,
Plaintiff,
v.
ALASKA NATIVE TRIBAL HEALTH
CONSORTIUM, et al.,
Defendants.
Case No. 3:20-cv-00317-SLG-KFR
ORDER RE FINDINGS AND RECOMMENDATIONS
At Docket 19 is Plaintiff Daniel B. Diamond’s Second Amended Complaint.
The matter was referred to the Honorable Magistrate Judge Kyle F. Reardon. At
Docket 34, Judge Reardon issued Findings and Recommendations regarding the
Second Amended Complaint in which he recommended this action be dismissed
without prejudice for failure to serve pursuant to Federal Rule of Civil Procedure
4(m), and failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
No objections to the Findings and Recommendations were filed.
The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1). That
statute provides that a district court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge.”1 A court is
to “make a de novo determination of those portions of the magistrate judge’s report
1 28 U.S.C. § 636(b)(1).
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Case No. 3:20-cv-00317-SLG-KFR, Diamond v. ANTHC, et al.
Order re Findings and Recommendations
Page 2 of 2
or specified proposed findings or recommendations to which objection is made.”2
However, § 636(b)(1) does not “require district court review of a magistrate’s
factual or legal conclusions, under a de novo or any other standard, when neither
party objects to those findings.”3
The Court has reviewed the Findings and Recommendations and agrees
with its analysis. Accordingly, the Court adopts the Findings and
Recommendations in their entirety, and IT IS ORDERED that this action is
DISMISSED WITHOUT PREJUDICE for failing to serve pursuant to Federal Rule
of Civil Procedure 4(m), and failure to prosecute pursuant to Federal Rule of Civil
Procedure 41(b). The Clerk of Court shall enter a final judgment accordingly.
DATED this 3rd day of November, 2022, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
2 Id.
3 Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003).
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