Archuleta v. Unknown Party ( 2019 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Benjamin Archuleta, No. CV-19-05466-PHX-CDB 10 Plaintiff, ORDER 11 v. 12 Unknown Party, et al., 13 Defendants. 14 15 Before the Court are Plaintiff’s Complaint (Doc. 1) and Plaintiff’s Application for 16 Leave to Proceed In Forma Pauperis (Doc. 2). The matter was referred to Magistrate Judge 17 Camille D. Bibles for a Report and Recommendation. (Doc. 3.) On October 25, 2019, the 18 Magistrate Judge filed a Report and Recommendation with this Court. (Doc. 6.) On 19 November 12, 2019, the Magistrate Judge filed an Amended Report and Recommendation, 20 recommending that the Court grant Plaintiff’s Application for Leave to Proceed In Forma 21 Pauperis, allow Plaintiff thirty days from this Order to file an amended complaint, and 22 dismiss without prejudice the instant matter if Plaintiff fails to file an amended complaint 23 within thirty days of this Order. (Doc. 8.) To date, no objections have been filed. After 24 considering the Report and Recommendation, the Court now issues the following ruling. 25 I. STANDARD OF REVIEW 26 The Court “may accept, reject, or modify, in whole or in part, the findings or 27 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C); see also 28 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). The court must review the legal 1 analysis in the Report and Recommendation de novo. See 28 U.S.C. § 636 (b)(1)(C). The 2 Court must review the factual analysis in the Report and Recommendation de novo for 3 those facts to which Objections are filed and for clear error for those facts to which no 4 Objections are filed. See id.; see also Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998) 5 (failure to file objections relieves the district court of conducting de novo review of the 6 magistrate judge’s factual findings). 7 II. DISCUSSION 8 Having reviewed the Report and Recommendation of the Magistrate Judge, and no 9 Objections having been made by any party thereto, the Court hereby incorporates and 10 adopts the Magistrate Judge’s Report and Recommendation. 11 III. CONCLUSION 12 Accordingly, 13 IT IS ORDERED adopting the Amended Report and Recommendation of the 14 Magistrate Judge. (Doc. 8.) 15 IT IS FURTHER ORDERED granting Plaintiff’s Application for Leave to 16 Proceed In Forma Pauperis. (Doc. 2.) 17 IT IS FURTHER ORDERED dismissing without prejudice Plaintiff’s Complaint. 18 (Doc. 1.) 19 IT IS FURTHER ORDERED allowing Plaintiff to file an amended complaint that 20 complies with Rule 8(a) on or before January 7, 2020 in accordance with the Magistrate 21 Judge’s Report and Recommendation. 22 // 23 // 24 // 25 // 26 // 27 // 28 // 1 IT IS FURTHER ORDERED that Plaintiffs failure to file an amended complaint 2|| that complies with Rule 8(a) by January 7, 2020 will automatically result in dismissal 3 || without prejudice of the instant matter. 4 Dated this 26th day of November, 2019. 5 ° Lughat Z. - By □□□ □□□ 7 Honofable Stephen M. McNamee g Senior United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-