May v. CODAC Behavioral Health Services

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Shane P May, No. CV-25-00232-TUC-JGZ (EJM)

10 Plaintiff, ORDER

11 v.

12 CODAC Behavioral Health Services, et al.,

13 Defendants. 14 15 On July 23, 2025, 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 and dismiss 18 Plaintiff’s Complaint for lack of subject matter jurisdiction and failure to state a claim. 19 (Doc. 10.) The R&R notified the parties they had fourteen (14) days from the date of the 20 R&R to file any objections. No objections have been filed. 21 If neither party objects to a magistrate judge’s report and recommendation, the 22 District Court is not required to review the magistrate judge’s decision under any specified 23 standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for 24 review of a magistrate judge’s recommendation “does not preclude further review by the 25 district judge, sua sponte or at the request of a party, under a de novo or any other standard.” 26 Id. at 154. 27 The Court has reviewed Judge Markovich’s R&R and Plaintiff’s filings. The Court 28 agrees with Judge Markovich’s conclusion that Plaintiff’s Complaint should be dismissed !|| with leave to amend. 2 Accordingly, 3 IT IS ORDERED that the Report and Recommendation (Doc. 10) is accepted and 4|| adopted in full. 5 IT IS FURTHER ORDERED that Plaintiff’s Application to Proceed in District 6 || Court Without Prepaying Fees or Costs (Doc. 2) is granted. 7 IT IS FURTHER ORDERED that Plaintiff's Complaint (Doc. 1) is dismissed 8 || with leave to amend. Plaintiff must file an Amended Complaint within thirty (30) days of || the date of this Order, October 2, 2025. If an Amended Complaint is not filed by the || deadline, the Clerk of Court must close its file in this action without further notice to 11 || Plaintiff. 12 Dated this 3rd day of September, 2025. 13

15 p/ Jennifer G. i ps 16 Chiet United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28

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