Gividen v. Fochesatto et al

Filing 9

ORDER adopting 8 Report and Recommendation. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2 ) is granted. Plaintiff's Complaint (Doc. 1 ) is dismissed with leave to amend. Plaintiff may file an Amended Complaint within twenty days of the date thisOrder is filed. Signed by Judge Jennifer G Zipps on 6/7/2017. (see Order for additional details) (SIB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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JoAn Ada Gividen,
Plaintiff,

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Luciano Fochesatto, et al.,

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ORDER

v.

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No. CV-17-00118-TUC-JGZ (BGM)

Defendants.

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Pending before the Court is a Report and Recommendation issued by United

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States Magistrate Judge Bruce G. Macdonald that recommends granting Plaintiff’s

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Application to Proceed in District Court Without Prepaying Fees or Costs and dismissing

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Plaintiff’s Complaint with leave to amend. (Doc. 8.)

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A review of the record reflects that the parties have not filed any objections to the

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Report and Recommendation and the time to file objections has expired. As such, the

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Court will not consider any objections or new evidence. The Court has reviewed the

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record and concludes that Magistrate Judge Macdonald’s recommendations are not

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clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Johnson v. Zema

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Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14

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F.Supp.2d 1203, 1204 (D. Or. 1998).

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Accordingly, IT IS HEREBY ORDERED as follows:
1. Magistrate Judge Macdonald’s Report and Recommendation (Doc. 8) is accepted
and adopted;

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

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3. Plaintiff’s Complaint (Doc. 1) is DISMISSED WITH LEAVE TO AMEND.

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4. Plaintiff may file an Amended Complaint within twenty days of the date this

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Order is filed. If Plaintiff files an Amended Complaint, the Amended Complaint

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must state: (1) the factual basis for all of Plaintiff’s claims, (2) allege each legal

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claim as a separate count, (3) name the defendants liable for each count, (3)

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identify the injury flowing from each count, and (4) identify the remedy sought for

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each count. The Amended Complaint must be retyped or rewritten in its entirety

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and may not incorporate any part of the original complaint by reference. LRCiv

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7.1(d).

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5. IT IS FURTHER ORDERED that Plaintiff shall familiarize herself with the

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Federal Rules of Civil Procedure and Local Rules for the District of Arizona, both

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of which can be found on the Court’s web site at www.azd.uscourts.gov. Plaintiff

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is advised that a Handbook for Self-Represented Litigants is available on the

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Court’s

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litigants. In addition, Step Up to Justice offers a free, advice-only clinic for self-

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represented federal civil litigants on Thursdays from 1:30 p.m. to 3:30 p.m. If

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Plaintiff wishes to schedule a clinic appointment, she should contact the

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courthouse librarian, Mary Ann O’Neil, at MaryAnn_O’[e-mail].

website

at:

http://www.azd.uscourts.gov/handbook-self-represented-

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Dated this 7th day of June, 2017.

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