Gividen v. Fochesatto et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
JoAn Ada Gividen,
Luciano Fochesatto, et al.,
No. CV-17-00118-TUC-JGZ (BGM)
Pending before the Court is a Report and Recommendation issued by United
States Magistrate Judge Bruce G. Macdonald that recommends granting Plaintiff’s
Application to Proceed in District Court Without Prepaying Fees or Costs and dismissing
Plaintiff’s Complaint with leave to amend. (Doc. 8.)
A review of the record reflects that the parties have not filed any objections to the
Report and Recommendation and the time to file objections has expired. As such, the
Court will not consider any objections or new evidence. The Court has reviewed the
record and concludes that Magistrate Judge Macdonald’s recommendations are not
clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Johnson v. Zema
Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14
F.Supp.2d 1203, 1204 (D. Or. 1998).
Accordingly, IT IS HEREBY ORDERED as follows:
1. Magistrate Judge Macdonald’s Report and Recommendation (Doc. 8) is accepted
2. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs (Doc. 2) is GRANTED;
3. Plaintiff’s Complaint (Doc. 1) is DISMISSED WITH LEAVE TO AMEND.
4. Plaintiff may file an Amended Complaint within twenty days of the date this
Order is filed. If Plaintiff files an Amended Complaint, the Amended Complaint
must state: (1) the factual basis for all of Plaintiff’s claims, (2) allege each legal
claim as a separate count, (3) name the defendants liable for each count, (3)
identify the injury flowing from each count, and (4) identify the remedy sought for
each count. The Amended Complaint must be retyped or rewritten in its entirety
and may not incorporate any part of the original complaint by reference. LRCiv
5. IT IS FURTHER ORDERED that Plaintiff shall familiarize herself with the
Federal Rules of Civil Procedure and Local Rules for the District of Arizona, both
of which can be found on the Court’s web site at www.azd.uscourts.gov. Plaintiff
is advised that a Handbook for Self-Represented Litigants is available on the
litigants. In addition, Step Up to Justice offers a free, advice-only clinic for self-
represented federal civil litigants on Thursdays from 1:30 p.m. to 3:30 p.m. If
Plaintiff wishes to schedule a clinic appointment, she should contact the
courthouse librarian, Mary Ann O’Neil, at MaryAnn_O’Neil@LB9.uscourts.gov.
Dated this 7th day of June, 2017.
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