Opinion
1:22-CV-63-KAC-SKL
04-26-2022
TERRY L. ROSS, Plaintiff, v. MIKE SIEVERT and T-MOBILE, Defendants.
ORDER ADOPTING REPORT & RECOMMENDATION
KATHERINE A. CRYTZER UNITED STATES DISTRICT JUDGE
This civil case is before the Court on United States Magistrate Judge Susan K. Lee's “Report and Recommendation” (“Report”) entered on April 11, 2022 [Doc. 12]. On March 15, 2022, pro se Plaintiff Terry L. Ross filed a Complaint [Doc. 1], seeking to sue T-Mobile and its Chief Executive Officer Mike Sievert for alleged “violations of the Consumer Protection Act of 1986 [and] 2019” and the criminal statute “18 [U.S.C.] § 1341” [Id. at 1] due to poor cellular telephone service coverage. On March 28, 2022, Judge Lee granted Plaintiff “an opportunity to attempt to state a claim over which this Court has jurisdiction” [Doc. 9 (granting leave and identifying how original complaint failed to state a claim)]. Plaintiff's Amended Complaint [Doc. 11 (filed Apr. 11, 2022); see also Doc. 12 at 1, n. 1], however, failed to cure the previously-identified deficiencies [See Doc. 12 (thoroughly screening and explaining deficiencies in the Amended Complaint)]. Accordingly, Judge Lee recommends that this Court dismiss Plaintiff's Amended Complaint without prejudice and close the case [Doc. 12 at 6]. Plaintiff has not objected to the Report, and the time to do so has passed [See Doc. 12 at 6, n. 4 (providing fourteen (14) days to file any objections to the Report)]. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2).
As Judge Lee ably analyzed in her Report [see generally Doc. 12], Plaintiff's Amended Complaint [Doc. 11] does not “state a claim over which this Court has jurisdiction” [Doc. 12 at 6]. Even liberally construed, Plaintiff's Amended Complaint fails to state a claim upon which relief can be granted. Accordingly, having reviewed the record, the Court ACCEPTS and ADOPTS Judge Lee's Report [Doc. 12] under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b)(2) and DISMISSES Plaintiff's Amended Complaint [Doc. 11] without prejudice under 28 U.S.C. § 1915(e)(2)(B). An appropriate Judgment shall follow.
IT IS SO ORDERED.