Jimenez v. Fidelity, No. 1:2017cv00197 - Document 41 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 36 ) and TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 7/31/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Jimenez v. Fidelity Doc. 41 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ANTHONY LOLIN JIMINEZ, SR., Plaintiff, vs. FIDELITY ADVISOR C/O: FIDELITY, INC., Defendant. : : : : : : : : Case No. 1:17-cv-197 Judge Timothy S. Black Magistrate Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 36) and TERMINATING THIS CASE IN THIS COURT This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on May 1, 2018, submitted a Report and Recommendation. (Doc. 36). Plaintiff filed an objection (“Objection”). (Doc. 38). 1 As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon considering the foregoing, the Court does determine 1 Plaintiff’s Objection argues that no party has provided evidence to contradict the allegations of the Amended Complaint and that he should not be held to traditional pleading standards as a pro se litigant. These arguments are not well-taken: the Magistrate Judge properly considered Plaintiff’s pro se status (Doc. 36 at 6), and Defendant’s Rule 12(b)(6) motion is to be evaluated exclusively on the facts alleged in the Amended Complaint. The Objection simply fails to articulate a persuasive argument that the facts asserted in the Amended Complaint state plausible claims under federal securities laws, the Fourth Amendment, or the Fourteenth Amendment. Dockets.Justia.com that such Report and Recommendation should be and is hereby adopted in its entirety. Accordingly: 1. The Report and Recommendation (Doc. 36) is ADOPTED; 2. Plaintiff’s Objection (Doc. 38) is OVERRULED; 3. Defendants’ motion to dismiss (Doc. 18) is GRANTED; 4. Plaintiff’s motion to amend the complaint and issue summons (Doc. 22) is DENIED; 5. Plaintiff’s motion for joinder (Doc. 34) is DENIED as moot; 6. Plaintiff’s motion for lien judgment against the Colorado Secretary of State and Secretary of the Treasury (Doc. 35) is DENIED as moot; and 7. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court. IT IS SO ORDERED. Date: 7/31/18 Timothy S. Black United States District Judge 2

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