Iden v. Seventh Judicial District Court

District Court, D. Nevada

Iden v. Seventh Judicial District Court

Trial Court Opinion

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 Richard Iden, Case No. 3:19-cv-00593-MMD-CLB

7 Plaintiff, ORDER v. 8

9 SEVENTH JUDICIAL DISTRICT COURT,

10 Defendant.

11

12 Pro Se Plaintiff Richard Iden, an inmate in the custody of the Nevada Department 13 of Corrections (“NDOC”), brings this action under

42 U.S.C. § 1983

. Before the Court is 14 the Report and Recommendation (“R&R”) of United States Magistrate Judge Carla 15 Baldwin recommending that the Court dismiss this action for failure to pay the full filing fee 16 or file an application to proceed in forma pauperis. (ECF No. 6.) Plaintiff had until March 17 17, 2020, to file objections. To date, no objection to the R&R has been filed. For this 18 reason, and as explained below, the Court adopts the R&R and dismisses this action in 19 its entirety. 20 This Court “may accept, reject, or modify, in whole or in part, the findings or 21 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where a party 22 timely objects to a magistrate judge’s report and recommendation, then the Court is 23 required to “make a de novo determination of those portions of the [report and 24 recommendation] to which objection is made.”

28 U.S.C. § 636

(b)(1). Where a party fails 25 to object, however, the Court is not required to conduct “any review at all . . . of any issue 26 that is not the subject of an objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985); see also 27 United States v. Reyna-Tapia,

328 F.3d 1114

(9th Cir. 2003) (“De novo review of the 28 magistrate judges’ findings and recommendations is required if, but only if, one or both 1 || parties file objections to the findings and recommendations.”) (emphasis in original); Fed. 2 || R. Civ. P. 72, Advisory Committee Notes (1983) (providing that the Court “need only satisfy 3 || itself that there is no clear error on the face of the record in order to accept the 4 || recommendation’). 5 Nevertheless, the Court conducts de novo review to determine whether to accept 6 || the R&R. Judge Baldwin notes that the Court twice directed Plaintiff to pay the full filing 7 || fee or apply to proceed in forma pauperis. (ECF No. 6 at 1; ECF Nos. 3, 5.) Judge Baldwin 8 || gave Plaintiff until February 29, 2020, to take these actions, but Plaintiff failed to do so. 9 || (/d.) Therefore, Judge Baldwin recommends that this action be dismissed without 10 || prejudice. (/d.) Upon reviewing the R&R and underlying orders, this Court finds good 11 || cause to adopt Judge Baldwin's recommendation in full. 12 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF No. 13 || 6) is adopted in its entirety. 14 It is further ordered that this action is dismissed in its entirety without prejudice 15 The Clerk of the Court is directed to enter judgment in accordance with this order 16 || and close this case. 17 DATED THIS 24" day of March 2020. 18

20 LO MIRANDA M. DU 21 CHIEF UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28

Reference

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