Miera v. Amato ( 2019 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Andy Julius Miera, Jr., No. CV-19-05423-PHX-SMB 10 Plaintiff, ORDER 11 v. 12 Francesca Amato, et al., 13 Defendants. 14 15 Pending before the Court is the Report and Recommendation (“R&R”) of 16 Magistrate Judge Camille Bibles (Doc. 9) regarding Plaintiff’s Motion to proceed without 17 prepayment of costs or fees. (Doc. 2). The R&R recommends that the Motion be granted. 18 The R&R then proceeds to recommend that the complaint be dismissed with leave to 19 amend after statutory screening, required by 28 U.S.C. § 1915(e)(2). The Magistrate Judge 20 advised the parties that they had fourteen days to file objections to the R&R. (R&R at 4) 21 (citing Rule 72, Federal Rules of Civil Procedure). 22 No objection has been filed, which relieves the Court of its obligation to review the 23 R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);Thomas v. Arn, 474 U.S. 140, 24 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court 25 will accept the R&R and dismiss the complaint without prejudice for failure to comply 26 with Rule 8 by failing to state an adequate factual basis for his claim. 27 IT IS ORDERED: 28 1. The R&R (Doc. 9) is accepted. 1 2. The complaint (Doc. 1) is dismissed without prejudice and with leave to file an || Amended Complaint within 30 days of this order. 3 3. If Plaintiff does not file an Amended Complaint within thirty (30) days of the date 4|| this Order is entered, the Clerk of Court shall dismiss this action without further order of || this Court. 6 4. If Plaintiff elects to file an Amended Complaint, it may not be served until and || unless the Court issues an Order screening the amended complaint pursuant to 28 U.S.C. § 8] 1915(e)(2). 9 5. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or 10 || Costs (Doc.2) is granted. 11 Dated this 4th day of December, 2019. 12 13 — FL . 14 C □ SH 15 Gnted States District lodge 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-