Sanchez v. USAA Insurance

59 F. Supp. 3d 1286, 2014 U.S. Dist. LEXIS 161405, 2014 WL 6065671
CourtDistrict Court, D. New Mexico
DecidedOctober 31, 2014
DocketNo. CIV 14-0345 JB/RHS
StatusPublished
Cited by1 cases

This text of 59 F. Supp. 3d 1286 (Sanchez v. USAA Insurance) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. USAA Insurance, 59 F. Supp. 3d 1286, 2014 U.S. Dist. LEXIS 161405, 2014 WL 6065671 (D.N.M. 2014).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING THE PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS AND DISMISSING THE COMPLAINT

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) the Magistrate Judge’s Analysis and Recommended Disposition, filed May 30, 2014 (Doc. 5)(“Recommended Disposition”); (ii) Plaintiff Dennis M. Sanchez’ Application to Proceed in District Court without Prepaying Fees or Costs, filed April 11, 2014 (Doc. 3)(“Application”); and (iii) Plaintiffs Civil Rights Complaint Pursuant to 42 U.S.C. § 1983, filed April 11, 2014 (Doc. 2)(“Complaint”). The Court agrees with the conclusion of the Honorable Robert H. Scott, United States Magistrate Judge for the District of New Mexico in his Recommended Disposition. The Court will adopt the Recommended Disposition and grant Plaintiff Dennis M. Sanchez’ Application, because he is unemployed and his expenses exceed his income. The Court will also dismiss this case for failure to state a claim.

PROCEDURAL BACKGROUND

Sanchez filed his Complaint on April 11, 2014, pursuant to 42 U.S.C. § 1983. The only factual allegations in the Complaint are: “Auto accident 4/12/2011 I was struck from behind by Victoria Ulibarri. I have loss of income medical and dental costs.” Complaint at 2. There are no factual allegations regarding Defendant USAA Insurance.

Also on April 11, 2014, Sanchez filed his Application to proceed in forma pauperis. Sanchez signed an affidavit stating that he is unable to pay the costs of this proceeding and declares under penalty of perjury that the information in his Application is true. See Application at 1. Sanchez states that: (i) his average monthly income is $500.00; (ii) he has only $100.00 in cash; (iii) the value of his home is $500,000.00; (iv) the value of his motor vehicle is $3,000.00; (v) his monthly expenses, which include a $1,800.00 mortgage payment, total $3,300.00; and (vi) he is unemployed. See Application at 1-5.

On April 15, 2014, the Court referred this case to Judge Scott for recommended findings and final disposition. See Order of Reference Relating to Bankruptcy Appeals, Social Security Appeals, Prisoner Cases, Non Prisoner Pro Se Cases and Immigration Habeas Corpus Proceedings, filed April 15, 2014 (Doc. 4). Judge Scott reviewed Sanchez’ Application and found that

Sanchez signed an affidavit in support of his application in which he declares that he is unable to pay the costs of these proceedings and declares under penalty of perjury that the information regarding his income is true. Sanchez states that he is unemployed and that his total monthly income is $500.00. Although Sanchez states that he owns a home worth $500,000.00, he also states he is making mortgage payments and that his monthly expenses are more than six times his monthly income.

[1289]*1289Recommended Disposition at 5. Judge Scott recommended that the Court grant Sanchez’ Application. See Recommended Disposition at 5. Judge Scott examined the allegations in Sanchez’ Complaint. He concluded:

The only allegations in Sanchez’s Complaint against Ulibarri is that there was an auto accident, in which Sanchez was struck from behind by Ulibarri, resulting in loss of income and causing Sanchez to incur medical and dental costs. Sanchez’s Complaint makes no allegations regarding USAA. Sanchez’s Complaint makes no allegations that USAA or Ulibarri' were jointly engaged with state officials or conspired with state actors, or that their actions are otherwise attributable to any state actors. The nature of this case, an auto accident allegedly caused by a private party, indicates that amendment of the Complaint would not state a claim and, therefore, would be futile.

Recommended Disposition at 5. Judge Scott recommended that the Court dismiss the claims against USAA and. Ulibarri without prejudice because they are not state actors and amendment of the Complaint would be futile. See Recommended Disposition at 5. Objections to the Recommended Disposition were due by June 16, 2014. Sanchez did not file an objection to the Recommended Disposition.

LAW REGARDING PROPOSED FINDINGS AND RECOMMENDATIONS

District courts may refer dispositive motions to a Magistrate Judge for a recommended disposition. See Lester v. Harada, CIV 13-0127 JB/KBM, 2013 WL 6503532, at *2 (D.N.M. Nov. 30, 2013) (Browning, J.)(citing Fed.R.Civ.P. 72(b)(1) (“A magistrate judge must promptly conduct the required proceedings when assigned, without the parties’ consent, to hear a pretrial matter dispositive of a claim or defense.... ”)). Rule 72(b)(2) governs objections: “Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations.” Finally, when resolving objections to a Magistrate Judge’s proposal, “[t]he district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3). Similarly, 28 U.S.C. § 636 provides:

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

28 U.S.C. § 636(b)(1).

“ ‘The filing of objections to a magistrate’s report enables the district judge to focus attention on those issues — factual and legal — that are at the heart of the parties’ dispute.’” United States v. One Parcel of Real Prop., with Bldgs., Appurtenances, Improvements, and Contents, 73 F.3d 1057, 1059 (10th Cir.1996) (“One Parcel”)(quoting Thomas v. Arn, 474 U.S. 140, 147, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985)). As the United States Court of Appeals for the Tenth Circuit has noted, “the filing of objections advances the interests that underlie the Magistrate’s Act, including judicial efficiency.” One Parcel, 73 F.3d at 1059 (citing Niehaus v. Kan. Bar Ass’n, 793 F.2d 1159, 1165 (10th Cir.[1290]*12901986); United States v. Walters, 638 F.2d 947, 950 (6th Cir.1981)).

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Bluebook (online)
59 F. Supp. 3d 1286, 2014 U.S. Dist. LEXIS 161405, 2014 WL 6065671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-usaa-insurance-nmd-2014.