Umar v. Toyota Motor Credit Corporation

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

9 Muhammad M Umar, No. CV-24-00128-TUC-RCC 10 Plaintiff, ORDER v. Toyota Motor Credit Corporation, et al., 13 Defendants.

15 On March 6, 2024, Magistrate Judge Eric J. Markovich issued a Report and Recommendation ("R&R") in which he recommended the Court grant Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2) and dismiss Plaintiff's Complaint for lack of subject matter jurisdiction and a failure to state a claim with leave to amend (Doc. 1). (Doc. 6.) Judge Markovich notified the parties they had fourteen (14) days from the date of the R&R to file any objections. (Id. at 6–7.) No objections have been filed.

22 If neither party objects to a magistrate judge’s R&R, the District Court is not required to review the magistrate judge’s decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a magistrate judge’s recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.”

27 Thomas, 474 U.S. at 154.

28 The Court has reviewed the Complaint (Doc. 1), the Application to Proceed in || District Court Without Prepaying Fees or Costs (Doc. 2), and the R&R (Doc. 6). The 2|| Court finds the R&R well-reasoned and agrees with Judge Markovich's conclusions.

3 Accordingly, IT Is ORDERED: 4 1) Magistrate Judge Markovich's Report and Recommendation is ADOPTED. (Doc.

5 6.)

6 2) Plaintiff's Application to Proceed in District Court Without Prepaying Fees or 7 Costs is GRANTED. (Doc. 2.)

8 3) Plaintiff's Complaint is DISMISSED with leave to amend. (Doc. 1.) Plaintiff may 9 file an Amended Complaint within 30 days of the date of this Order, subject to the 10 warnings fully outlined in the R&R. The Clerk of Court shall docket accordingly.

Dated this 22nd day of March, 2024.

14 Dp Honorable Raner ©. Collins 16 sernior United States District Judge _2-