Jimenez v. Fidelity

Filing 41

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 36 ) and TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 7/31/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ANTHONY LOLIN JIMINEZ, SR.,
Plaintiff,
vs.
FIDELITY ADVISOR C/O: FIDELITY,
INC.,
Defendant.

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Case No. 1:17-cv-197
Judge Timothy S. Black
Magistrate Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 36) and
TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on May 1, 2018, submitted a
Report and Recommendation. (Doc. 36). Plaintiff filed an objection (“Objection”).
(Doc. 38). 1
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter. Upon considering the foregoing, the Court does determine

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Plaintiff’s Objection argues that no party has provided evidence to contradict the allegations of
the Amended Complaint and that he should not be held to traditional pleading standards as a pro
se litigant. These arguments are not well-taken: the Magistrate Judge properly considered
Plaintiff’s pro se status (Doc. 36 at 6), and Defendant’s Rule 12(b)(6) motion is to be evaluated
exclusively on the facts alleged in the Amended Complaint. The Objection simply fails to
articulate a persuasive argument that the facts asserted in the Amended Complaint state plausible
claims under federal securities laws, the Fourth Amendment, or the Fourteenth Amendment.

that such Report and Recommendation should be and is hereby adopted in its entirety.
Accordingly:
1.

The Report and Recommendation (Doc. 36) is ADOPTED;

2.

Plaintiff’s Objection (Doc. 38) is OVERRULED;

3.

Defendants’ motion to dismiss (Doc. 18) is GRANTED;

4.

Plaintiff’s motion to amend the complaint and issue summons (Doc. 22) is
DENIED;

5.

Plaintiff’s motion for joinder (Doc. 34) is DENIED as moot;

6.

Plaintiff’s motion for lien judgment against the Colorado Secretary of State
and Secretary of the Treasury (Doc. 35) is DENIED as moot; and

7.

The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.

IT IS SO ORDERED.
Date:

7/31/18

Timothy S. Black
United States District Judge

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