Davis v. Penzone et al
ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 117 ) is accepted and Plaintiff's Motion for Leave for Plaintiff's Supplemental Pleadings (Doc. 107 ) is denied. See document for complete details. Signed by Judge Susan M Brnovich on 10/11/2019. (RMV)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
John Leo Davis,
No. CV-17-01946-PHX-SMB (CDB)
Unknown Murphy, et al.,
Pending before the Court is the Report and Recommendation (“R&R”) of
Magistrate Judge Camille Bibles (Doc. 117) regarding Plaintiff’s Motion for Leave for
Plaintiff’s Supplemental Pleading. (Doc. 107). The R&R recommends that the Motion be
denied. The Magistrate Judge advised the parties that they had fourteen days to file
objections to the R&R. (R&R at 15) (citing Rule 72, Federal Rules of Civil Procedure)
Petitioner filed an objection on September 18, 2019 (Doc. 121).
The Court has considered the objections and reviewed the Report and
Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that
the court must make a de novo determination of those portions of the Report and
Recommendation to which specific objections are made). The Court agrees with the
Magistrate Judge’s determinations, accepts the recommended decision within the meaning
of Rule 72(b), Fed. R. Civ. P., and overrules Plaintiff’s objection. See 28 U.S.C. § 636(b)(1)
(stating that the district court “may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate”).
Specifically, Plaintiff feels like he has been misdirected by previous rulings. He
says that he filed a new Complaint in CV-19-01839-PHX-SMB(CDB). Upon screening of
that Complaint, the Court directed Plaintiff to seek to add those claims to this case and CV-
19-01839 was dismissed. The current motion is Plaintiff’s effort to do as he was told.
However, Plaintiff’s Complaint was dismissed in the other case because the complaint
exceeded the 15page limit and included 106 pages of exhibits. The Court did not rule on
the substance of the claims. Now that Plaintiff has sought to add the claims in this case,
the Court considered the merits of the claim and determined that they are futile and should
not be allowed to proceed.
IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 117) is accepted and Plaintiff’s Motion for Leave for Plaintiff’s
Supplemental Pleadings (Doc. 107) is denied.
Dated this 11th day of October, 2019.
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