Ambroise v. Desert Financial

Filing 12

ORDER Adopting the Report and Recommendation of the Magistrate Judge. (Doc. 10). FURTHER ORDERED dismissing Plaintiff's Complaint, (Doc. [1)],without prejudice and without leave to amend. FURTHER ORDERED directing the Clerk of Court to close this case. Signed by Senior Judge Stephen M McNamee on 1/6/25. (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ovard Aloise Ambroise,

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Plaintiff,

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v.

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Desert Financial,

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No. CV-24-03254-PHX-JFM
ORDER

Defendant.

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This matter was assigned to Magistrate Judge James F. Metcalf. (Doc. 3). On

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December 10, 2024, the Magistrate Judge filed a Report and Recommendation with this

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Court.1 (Doc. 10). Plaintiff timely filed a Response to the Magistrate Judge’s Report and

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Recommendation on December 17, 2024. Having reviewed the Report and

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This case is assigned to a Magistrate Judge. However, not all parties have
consented to the jurisdiction of the Magistrate Judge. Thus, the matter is before this Court
pursuant to General Order 21-25, which states in relevant part:
When a United States Magistrate Judge to whom a civil action has been
assigned pursuant to Local Rule 3.7(a)(1) considers dismissal to be
appropriate but lacks the jurisdiction to do so under 28 U.S.C. § 636(c)(1)
due to incomplete status of election by the parties to consent or not consent
to the full authority of the Magistrate Judge,
IT IS ORDERED that the Magistrate Judge will prepare a Report and
Recommendation for the Chief United States District Judge or designee.
IT IS FURTHER ORDERED designating the following District Court
Judges to review and, if deemed suitable, to sign the order of dismissal on
my behalf:
Phoenix/Prescott: Senior United States District Judge Stephen M.
McNamee

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Recommendation and Plaintiff’s Response thereto, the Court orders as follows.

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STANDARD OF REVIEW

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When reviewing a Magistrate Judge=s Report and Recommendation, this Court

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Ashall make a de novo determination of those portions of the report . . . to which objection

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is made,@ and Amay accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.@ 28 U.S.C. ' 636(b)(1)(C); see also

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Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). The relevant provision of the

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Federal Magistrates Act, 28 U.S.C. § 636(b)(1)(C), “does not on its face require any

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review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474

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U.S. 140, 149 (1985); see also Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005)

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(“Of course, de novo review of a R & R is only required when an objection is made to the

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R & R.”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)

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(“Neither the Constitution nor the [Federal Magistrates Act] requires a district judge to

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review, de novo, findings and recommendations that the parties themselves accept as

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correct.”). Likewise, it is well-settled that “failure to object to a magistrate judge’s factual

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findings waives the right to challenge those findings.” Bastidas v. Chappell, 791 F.3d

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1155, 1159 (9th Cir. 2015) (quoting Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir.

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2012)).

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DISCUSSION

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The Magistrate Judge has recommended that Plaintiff’s Complaint be dismissed

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without prejudice and without leave to amend due to Plaintiff’s failure to show that

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subject matter jurisdiction is proper. The Magistrate Judge, in evaluating Plaintiff’s

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claims for civil rights violations pursuant to 42 U.S.C. § 1983, conspiracy pursuant to 42

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U.S.C. § 1985, discriminatory and predatory lending, and fair debt collection, has

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determined that Plaintiff has presented no cognizable basis for federal question

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jurisdiction in Plaintiff’s Complaint, (Doc. 1), or Plaintiff’s response to the Magistrate

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Judge’s Order to Show Cause. (Doc. 11).

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Plaintiff’s Response to the Magistrate Judge’s Report and Recommendation is

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largely unresponsive to the deficiencies stated in the Report and Recommendation.

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Instead, Plaintiff recounts the procedural history of this case, inexplicably introduces “the

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‘mens rea’ theory[,]” and generally lists the elements of a claim under the Equal Credit

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Opportunity Act. (Id.) It appears to the Court that Plaintiff has raised no specific

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objection to any portion of the Report and Recommendation. Because the Federal

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Magistrates Act does not require review of “any issue that is not the subject of an

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objection,” the Court finds it appropriate to adopt the Magistrate Judge’s Report and

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Recommendation without further review. Accordingly, the Court hereby incorporates and

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adopts the Magistrate Judge’s Report and Recommendation.

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CONCLUSION

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Accordingly, for the reasons set forth,

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IT IS ORDERED adopting the Report and Recommendation of the Magistrate

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Judge. (Doc. 10).
IT IS FURTHER ORDERED dismissing Plaintiff’s Complaint, (Doc. 1),
without prejudice and without leave to amend.

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IT IS FURTHER ORDERED directing the Clerk of Court to close this case.

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Dated this 6th day of January, 2025.

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