Olding v. Pima County Prosecutor's Office

Opinion

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

9 Candace Sutherland Olding, No. CV-25-00158-TUC-JR

10 Plaintiff, ORDER

11 v.

12 Pima County Prosecutor's Office, et al.,

13 Defendants. 14 15 On April 16, 2025, Magistrate Judge Jacqueline M. Rateau issued a Report and 16 Recommendation (“R&R”) pursuant to General Order 21-25, recommending that the Court 17 dismiss the Complaint because the Complaint seeks to recover against a non-jural entity, 18 seeks relief from defendants that are immune from suit and fails to state a claim upon which 19 relief can be granted. (Doc. 10.) Magistrate Judge Rateau determined that the Court should 20 dismiss the Complaint without prejudice. (Id. at 13.) 21 If neither party objects to a Magistrate Judge's R&R, the District Court is not 22 required to review the recommendation under any specified standard of review. Thomas v. 23 Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a Magistrate Judge's 24 recommendation "does not preclude further review by the district judge, sua sponte or at 25 the request of a party, under a de novo or any other standard." Id. at 154. 26 The Court has reviewed the Complaint (Doc. 1), Application for Leave to Proceed 27 In Forma Pauperis (Doc. 2), and Magistrate Judge Rateau’s R&R (Doc. 10). The Court 28 finds that Judge Rateau’s conclusions are thorough and well-reasoned. Plaintiff qualifies for in forma pauperis status but as explained in the R&R, the Complaint seeks to recover 2|| against a non-jural entity, seeks relief from defendants who are immune from suit and fails || to state a claim upon which relief may be granted. Plaintiff may file an amended complaint 4|| that does not contain the deficiencies outlined in the R&R within thirty (30) days of the date of this Order. 6 Accordingly, IT IS ORDERED: 7 (1) Magistrate Judge Rateau’s Report and Recommendation (Doc. 10) is || ADOPTED. 9 (2) Plaintiff's Application for Leave to Proceed In Forma Pauperis is GRANTED. 10 || (Doc. 2.) 11 (3) Plaintiff's Complaint (Doc. 1) is DISMISSED without prejudice. Plaintiff may 12 || file an amended complaint within thirty (30) days of the date of this Order. If Plaintiff fails || to file an amended complaint within the deadline, the Clerk of Court shall close the case. 14 Dated this 5th day of May, 2025. 15 16 J 17 Lb pL tK~ Cub 18 Honorable Raner ©. Collins 19 senior United States District Judge 20 21 22 23 24 25 26 27 28

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