Miera v. Amato

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Andy Julius Miera, Jr., No. CV-19-05423-PHX-SMB 10 Plaintiff, ORDER v. Francesca Amato, et al., 13 Defendants.

15 Pending before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge Camille Bibles (Doc. 9) regarding Plaintiff’s Motion to proceed without 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 amend after statutory screening, required by 28 U.S.C. § 1915(e)(2). The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 4) (citing Rule 72, Federal Rules of Civil Procedure).

22 No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and dismiss the complaint without prejudice for failure to comply 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 || Costs (Doc.2) is granted.

11 Dated this 4th day of December, 2019.

13 — FL .

14 C □ SH 15 Gnted States District lodge _2-