Crawley v. Phoenix, City of et al

Filing 15

ORDER - IT IS ORDERED declining the Report and Recommendation filed February 27, 2017 (Doc. 11 ), and referring the screening of the First Amended Complaint (Doc. 10 ) to Magistrate Judge Metcalf for further consideration in light of Plaintiff's Motion to Amend, filed March 10, 2017 (Doc. 14 .) (See document for further details). Signed by Judge John J Tuchi on 3/23/17. (LAD)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Steven Christopher Crawley,

No. CV-16-04307-PHX-JJT (JFM)

Plaintiff,

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v.

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ORDER

City of Phoenix, et al.,

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Defendants.

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On February 27, 2017, Magistrate Judge Metcalf issued his Report and

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Recommendation (Doc. 11), screening Plaintiff’s first Amended Complaint (Doc. 10),

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recommending dismissal of some defendants and service on the remaining. Since then,

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Plaintiff has filed a Motion to Amend (Doc. 14), seeking leave to file a proposed Second

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Amended Complaint. Before ruling, the Court notes that it is improper procedure for

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Plaintiff to ignore a pending Report and Recommendation and file a Motion to Amend in

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lieu of objecting to the Report and Recommendation. Although Plaintiff is pro se, further

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practice in contravention of applicable procedural rules may result in sanctions, including

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dismissal of this action.

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IT IS ORDERED declining the Report and Recommendation filed February 27,

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2017 (Doc. 11), and referring the screening of the First Amended Complaint (Doc. 10) to

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Magistrate Judge Metcalf for further consideration in light of Plaintiff’s Motion to

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Amend, filed March 10, 2017 (Doc. 14.)

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Dated this 23rd day of March, 2017.

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Honorable John J. Tuchi
United States District Judge