United States District Court, D. Arizona
MEMORANDUM OF DECISION AND ORDER
Honorable Stephen M. McNamee Senior United States District
before the Court is a Report and Recommendation (Doc. 20) by
Magistrate Judge Deborah M. Fine recommending that Plaintiff
Allen Beasley's Complaint (Doc. 1) be dismissed without
prejudice because the Complaint fails to state a claim.
Plaintiff filed an Objection to the Report and Recommendation
petitioning for reconsideration of his arguments. (Doc. 21.)
After considering both the Report and Recommendation and the
arguments raised in Plaintiff's Objection, the Court
issues the following ruling.
reviewing a Magistrate Judge's Report and Recommendation,
this Court “shall make a de novo determination of those
portions of the report…to which objection is made,
” and “may accept, reject, or modify, in whole or
in part, the findings or recommendations made by the
magistrate judge.” 28 U.S.C. § 636(b)(1)(C);
see also Baxter v. Sullivan, 923 F.2d 1391, 1394
(9th Cir. 1991) (citing Britt v. Simi Valley Unified Sch.
Dist., 708 F.2d 452, 454 (9th Cir. 1983)).
72(b)(3) requires a district judge to review de novo those
portions of the Report and Recommendation that have been
“properly objected to.” Fed.R.Civ.P.
72(b)(3) (emphasis added). A proper objection requires
“specific written objections to the proposed
findings and recommendations.” Fed.R.Civ.P. 72(b)(2)
(emphasis added). An ineffective, general objection has the
same effect as a failure to object. Warling v. Ryan,
No. CV-12-1396, 2013 WL 5276367, at *2 (D. Ariz. Sept. 19,
2013). Failure to object to a Magistrate Judge's
recommendation relieves the Court of conducting de novo
review of the Magistrate Judge's factual findings and
waives all objections to those findings on appeal. See
Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998).
originally filed a pro se complaint on December 14,
2018. (Doc. 1.) Thereafter, Plaintiff filed an Application to
Proceed In Forma Pauperis. (Docs. 2, 7.) On January 17, 2019,
the Magistrate Judge granted Plaintiff in forma pauperis
status and screened the Complaint pursuant to 28 U.S.C.
§ 1915(e)(2). (Doc. 12.) Upon identifying deficiencies
in the Complaint, the Magistrate Judge granted Plaintiff time
to file an amended complaint, and later extended the time to
reply upon Plaintiff's request. (Id.; Docs. 15,
17.) The Plaintiff did not avail himself of this opportunity.
Rather, Plaintiff filed two “situation reports.”
(Docs. 18, 19.) After review of the situation reports filed
by Plaintiff, the Magistrate Judge determined another
extension of time for filing an amended complaint was
inappropriate and submitted the Report and Recommendation
advising that the Complaint be dismissed without prejudice
for failure to state a claim. (Doc. 20.)
objecting to the Report and Recommendation, Plaintiff
references his lack of legal experience, prior traumatic life
events, and additional allegations against the named
defendants as reasons for his inability to amend his original
claim before the filing deadline. (Doc. 21.) These objections
are improper, however, because they do not point to any
specific flaws in the Magistrate Judge's legal analysis
in the Report and Recommendation, as required by Fed.R.Civ.P.
72(b)(2). Nevertheless, the Court conducted de novo
review of all the factual analysis contained in the Report
and Recommendation and, after thorough consideration, concurs
in whole with the Magistrate Judge's findings.
state a proper claim, a pleader must provide a “short
and plain statement of the claim showing that the pleader is
entitled to relief.” Fed.R.Civ.P. 8(a)(2).
“Threadbare recitals of the elements of a cause of
action, supported by mere conclusory statements, do not
suffice.” Ashcroft v. Iqbal 556 U.S. 662, 678
(2009). The numerous allegations presented by Plaintiff do
not comprise sufficient facts supporting any particular and
viable legal theory. Plaintiff fails to state factual
allegations and clearly link those allegations to violations
of the cited legal authorities by the named defendants. For
these reasons, the Court finds that Plaintiffs Complaint
fails to state a claim upon which relief may be granted.
reasons set forth above, IT IS HEREBY
ORDERED adopting the Report and Recommendation of
the Magistrate Judge (Doc. 20).
IS FURTHER ORDERED dismissing the Complaint (Doc. 1)
without prejudice. The Clerk of the ...