Gomez et al v. Moreno

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Eugenio Gomez, et al.,
Plaintiffs,
v.
Isa Moreno,
Defendant.
No. CV-25-00541-TUC-BGM
ORDER
On October 31, 2025, Magistrate Judge Bruce G. Macdonald issued a Report and
Recommendation (“R&R”) in which he recommended the Court deny Plaintiffs Elizabeth
and Eugenio Gomez’s In Forma Pauperis (“IFP”) applications (Docs. 7–8) and dismiss
Plaintiffs’ Complaint (Doc. 1) without prejudice. The Magistrate Judge informed the
parties they had fourteen days to file objections and another fourteen days to respond. (Id.
at 3.) No timely objection was filed. On November 20, 2025, the Clerk’s Office set an
Order to Show Cause (“OSC”) hearing for January 13, 2026, at 11:30 a.m. because
Plaintiffs failed to either consent to the exercise of authority by the magistrate judge
under 28 U.S.C. § 636(c), or file a written election to have the action reassigned to a
district judge. (Doc. 11.)
Upon review, the Court will adopt the R&R in part, grant the IFP applications,
dismiss Plaintiffs’ Complaint, and vacate the OSC hearing.
I. STANDARD OF REVIEW
The standard of review of a magistrate judge’s R&R is dependent upon whether a
Case 4:25-cv-00541-RCC Document 12 Filed 11/21/25 Page 1 of 3

- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
party objects: where there is no objection to a magistrate’s factual or legal
determinations, the district court need not review the decision “under a de novo or any
other standard.” Thomas v. Arn, 474 U.S. 140, 150 (1985). However, when a party
objects, the district court 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); see also 28 U.S.C. §
636(b)(1). Moreover, “while the statute does not require the judge to review an issue de
novo if no objections are filed, it does not preclude further review by the district judge,
sua sponte or at the request of a party, under a de novo or any other standard.” Thomas,
474 U.S. at 154.
II. DISCUSSION
The Court has reviewed the two IFP applications (Docs. 7–8), the Complaint
(Doc. 1), and Judge Macdonald’s R&R (Doc. 9). The Court finds the R&R well-reasoned
and agrees with Judge Macdonald’s conclusions as to dismissal. However, the R&R does
not explain the reasoning for denying the IFP applications. Generally, parties who file an
action in federal district court must pay a filing fee. 28 U.S.C. § 1914(a). However, 28
U.S.C. § 1915 permits indigent plaintiffs to apply for a fee waiver. Before granting a
plaintiff leave to proceed in forma pauperis, the Court must decide whether the litigant is
truly unable to pay filing fees. 28 U.S.C. § 1915(a)(1); Lopez v. Smith, 203 F.3d 1122,
1126 (9th Cir. 2000). Good cause appearing, the Court will grant the IFP Applications.
Accordingly, IT IS ORDERED:
1.) Magistrate Judge Macdonald’s R&R is ADOPTED IN PART. (Doc. 9.)
2.) Plaintiffs’ IFP applications are GRANTED. (Docs. 7–8.)
3.) Plaintiffs’ Complaint is DISMISSED WITHOUT PREJUDICE for failure
to state a claim. (Doc. 1.) Should Plaintiffs believe they can remedy defects in
the Complaint, Plaintiffs may file a First Amended Complaint in 30 days from
the date this Order is filed.
Case 4:25-cv-00541-RCC Document 12 Filed 11/21/25 Page 2 of 3

- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4.) If Plaintiffs fail to file a First Amended Complaint within 30 days, the Clerk of
Court must, without further notice, enter a judgment of dismissal of this action
without prejudice.
5.) The Order to Show Cause Hearing, currently set for January 13, 2026, at
11:30 a.m. is VACATED.
Dated this 20th day of November, 2025.
Case 4:25-cv-00541-RCC Document 12 Filed 11/21/25 Page 3 of 3