Umar v. Toyota Motor Credit Corporation et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION: 6 Report and Recommendation, Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs is GRANTED. Plaintiff's Complaint is DISMISSED with leave to amend. (Doc. 1) Plaintiff may file an Amended Complaint within 30 days of the date of this Order, subject to the warnings fully outlined in the R&R. The Clerk of Court shall docket accordingly. Signed by Senior Judge Raner C Collins on 3/22/2024. (MCO)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Muhammad M Umar,
Plaintiff,

10
11

v.

12

Toyota Motor Credit Corporation, et al.,

13

Defendants.

No. CV-24-00128-TUC-RCC
ORDER

14
15

On March 6, 2024, Magistrate Judge Eric J. Markovich issued a Report and

16

Recommendation ("R&R") in which he recommended the Court grant Plaintiff's

17

Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2) and

18

dismiss Plaintiff's Complaint for lack of subject matter jurisdiction and a failure to state a

19

claim with leave to amend (Doc. 1). (Doc. 6.) Judge Markovich notified the parties they

20

had fourteen (14) days from the date of the R&R to file any objections. (Id. at 6–7.) No

21

objections have been filed.

22

If neither party objects to a magistrate judge’s R&R, the District Court is not

23

required to review the magistrate judge’s decision under any specified standard of

24

review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a

25

magistrate judge’s recommendation “does not preclude further review by the district

26

judge, sua sponte or at the request of a party, under a de novo or any other standard.”

27

Thomas, 474 U.S. at 154.

28

The Court has reviewed the Complaint (Doc. 1), the Application to Proceed in

1

District Court Without Prepaying Fees or Costs (Doc. 2), and the R&R (Doc. 6). The

2

Court finds the R&R well-reasoned and agrees with Judge Markovich's conclusions.

3
4
5
6
7

Accordingly, IT IS ORDERED:
1) Magistrate Judge Markovich's Report and Recommendation is ADOPTED. (Doc.
6.)
2) Plaintiff's Application to Proceed in District Court Without Prepaying Fees or
Costs is GRANTED. (Doc. 2.)

8

3) Plaintiff's Complaint is DISMISSED with leave to amend. (Doc. 1.) Plaintiff may

9

file an Amended Complaint within 30 days of the date of this Order, subject to the

10

warnings fully outlined in the R&R. The Clerk of Court shall docket accordingly.

11

Dated this 22nd day of March, 2024.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-