Opinion
Case No.: 2:20-cv-01893-JAD-EJY
12-09-2020
Stanley Keith Miyabara, Plaintiff v. Roy Garcia, et al., Defendants
Order Adopting Report and Recommendation
[ECF No. 4]
Plaintiff Stanley Keith Miyabara filed nearly 300 pages of initiating documents with the Clerk of this Court in an attempt to commence a civil action. The magistrate judge has reviewed those documents and concluded that they fail to provide any coherent factual basis for his claim, contain frivolous stream-of-consciousness allegations about terroristic threats and statements about unrelated entities and matters, and are at least partially duplicative, making it difficult for any defendant to fairly respond. She concludes that these filings violate Federal Rule of Civil Procedure 8, and she recommends that those initiating documents be dismissed without prejudice. Objections to that recommendation were due by December 2, 2020, and Miyabara neither objected nor moved to extend that deadline. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 4] is ADOPTED. Plaintiff's initiating documents [ECF Nos. 1-1 through 1-17] are DISMISSED without prejudice.
ECF No. 4 at 2.
Id.
Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
Plaintiff is reminded that, per ECF No. 4, he has until December 18, 2020, to file a proper complaint of no more than 30 pages in compliance with the magistrate judge's instructions. If he fails to do so, this action may be dismissed with prejudice and without further prior warning.
Dated: December 9, 2020
/s/_________
U.S. District Judge Jennifer A. Dorsey