Backus v. Lawicka

District Court, D. Nevada

Backus v. Lawicka

Trial Court Opinion

2 3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 BARTLEY S. BACKUS, Case No. 3:20-cv-00008-MMD-CLB

7 Plaintiff, ORDER ACCEPTING AND ADOPTING v. REPORT AND RECOMMENDATION 8 OF MAGISTRATE JUDGE DAVID LAWICKA, et al., CARLA L. BALDWIN 9 Defendants. 10 11 Plaintiff Bartley S. Backus brings this case pursuant to

42 U.S.C. § 1983

against 12 numerous Defendants. Before the Court is the Report and Recommendation (“R&R”) of 13 United States Magistrate Judge Carla L. Baldwin concerning Backus’ application to 14 proceed in forma pauperis (“IFP Application”) (ECF No. 1), and pro se civil rights 15 complaint (“Complaint”) (ECF No. 1-1). (ECF No. 4.) Backus had until April 10, 2020, to 16 file an objection to the R&R but has not done so. The Court will accept and adopt the R&R 17 in full. 18 This Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where a party 20 fails to object to a magistrate’s recommendation, the Court is not required to conduct “any 21 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474

22 U.S. 140

, 149 (1985); see also United States v. Reyna-Tapia,

328 F.3d 1114

(9th Cir. 23 2003) (“De novo review of the magistrate judges’ findings and recommendations is 24 required if, but only if, one or both parties file objections to the findings and 25 recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory Committee Notes 26 (1983) (providing that the court “need only satisfy itself that there is no clear error on the 27 face of the record in order to accept the recommendation”). 28 /// 1 The Court finds it unnecessary to engage in de novo review to determine whether 2 || to adopt Magistrate Judge Baldwin's R&R and is satisfied that there is no clear error. Here, 3 || Judge Baldwin recommends granting the IFP Application due to Backus’ inability to pay 4 || the filing fee and that the Court dismiss this action with prejudice because: (1) Backus 5 || largely sues inanimate objects that cannot be subject to liability; and (2) fails to state 6 || allegations that meet the requisite pleading standard. (ECF No. 4 at 2, 4.) Judge Baldwin 7 || additionally recommends that no further amendments be allowed because such would be 8 || clearly futile given the deficiencies in the Complaint. (/d. at 4.) Having reviewed the 9 || Complaint, the Court agrees with these recommendations and will therefore accept the 10 || R&R in full. 11 Itis therefore ordered, adjudged and decreed that the Report and Recommendation 12 || of Magistrate Judge Carla L. Baldwin (ECF No. 4) is accepted and adopted in its entirety. 13 It is further order that the IFP Application (ECF No. 1) is granted. 14 It is further ordered that the Clerk of the Court file the Complaint (ECF No. 1-1). 15 It is further ordered that the Complaint is dismissed with prejudice and without leave 16 || to amend for the reasons stated herein. 17 It is further ordered that the Clerk enter judgment accordingly and close this case. 18 DATED THIS 16" day of April 2020. 19 ~ 20 Arn 21 MIRANDA M-DU— CHIEF UNITED STATES DISTRICT JUDGE

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Reference

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