Bailey v. Arizona Board of Regents ( 2024 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Keiron Bailey, No. CV-23-00557-TUC-AMM (LCK) 10 Plaintiff, ORDER 11 v. 12 Arizona Board of Regents, et al., 13 Defendants. 14 15 On September 30, 2024, Magistrate Judge Lynette C. Kimmins issued a Report 16 and Recommendation (“R&R”) in which she recommended this Court dismiss Plaintiff 17 Keiron Bailey’s Complaint with leave to amend. (Doc. 29.) Judge Kimmins notified the 18 parties they had fourteen (14) days to file any objections. (Id. at 20.) Neither party filed 19 an objection. 20 If neither party objects to a magistrate judge’s R&R, the district court is not 21 required to review the magistrate judge’s decision under any specified standard of 22 review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a 23 magistrate judge’s recommendation “does not preclude further review by the district 24 judge, sua sponte or at the request of a party, under a de novo or any other standard.” 25 Thomas, 474 U.S. at 154. 26 The Court has considered the Complaint (Doc. 1), Defendants’ Motion to Dismiss 27 (Doc. 18), Plaintiff’s Response (Doc. 23), Defendants’ Reply (Doc. 26), and the R&R 28 (Doc. 29). The Court finds the recommendation well-reasoned and agrees with Judge 1 || Kimmins’s conclusions for each claim. 2 Accordingly, 3 IT IS ORDERED: 4 (1) Magistrate Judge Kimmins’s Report and Recommendation is ADOPTED. (Doc. 5 29.) 6 (2) Defendants’ Motion to Dismiss is GRANTED. (Doc. 18.) 4 (3) Plaintiff's Complaint is DISMISSED. (Doc. 1.) Claims 1, 2, and 5 as to the 8 individual Defendants, and Claims 7, 10, 12, and 13 as to all Defendants are 9 DISMISSED WITH PREJUDICE. The remaining claims are DISMISSED 10 WITHOUT PREJUDICE. (4) If he so chooses, Plaintiff may file an Amended Complaint within thirty (30) 1 days of the date of this Order as to Claims 1, 2, and 5 against Defendant ABOR B and Claims 3, 4, 6, 8, 9, and 11 as to all Defendants. Any Amended Complaint 14 must comply with the parameters outlined in the R&R. (Doc. 29 at 16-19.) 5 Plaintiff is directed to review the conditions for amendment carefully, paying specific attention to the Rule 8(a) pleading standard. (See id. at 17-19.) Dated this 16th day of October, 2024. 18 i “Dry bo bn. KTH 0 Honorable Angela M. Martinez United States District Judge 21 22 23 24 25 26 27 28 _2-