Tehrani v. United States District Court for the District of Nevada

District Court, D. Nevada

Tehrani v. United States District Court for the District of Nevada

Trial Court Opinion

2 3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 FARNAZ TEHRANI, Case No. 3:19-cv-00349-MMD-CLB

7 Plaintiff, ORDER ACCEPTING AND ADOPTING v. REPORT AND RECOMMENDATION 8 OF MAGISTRATE JUDGE UNITED STATES DISTRICT COURT CARLA L. BALDWIN 9 FOR THE DISTRICT OF NEVADA,

10 Defendant.

11 12 Before the Court is the Report and Recommendation (“R&R”) of United States 13 Magistrate Judge Carla L. Baldwin concerning Plaintiff Farnaz Tehrani’s insufficient 14 application to proceed in forma pauperis and pro se civil rights complaint (“Complaint”) 15 (ECF Nos. 1, 1-1; see also ECF No. 4). (ECF No. 8.) No objection has been filed. The 16 Court will accept and adopt the R&R in full. 17 This Court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where a party 19 fails to object to a magistrate’s recommendation, the Court is not required to conduct “any 20 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474

21 U.S. 140

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

328 F.3d 1114

(9th Cir. 22 2003) (“De novo review of the magistrate judges’ findings and recommendations is 23 required if, but only if, one or both parties file objections to the findings and 24 recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory Committee Notes 25 (1983) (providing that the court “need only satisfy itself that there is no clear error on the 26 face of the record in order to accept the recommendation”). 27 The Court finds it unnecessary to engage in a de novo review to determine whether 28 to adopt Magistrate Judge Baldwin’s R&R and is satisfied that there is no clear error. 1 || Tehrani has submitted a letter (ECF No. 7)—which Judge Baldwin deemed a motion to 2 || voluntarily withdraw this case—claiming that she never filed this case and asking the Court 3 || to cease corresponding with her. (See ECF No. 8.) Judge Baldwin recommends 4 || dismissing the case for this reason and because Tehrani has not complied with the Court’s 5 || order that she fully complete an in forma pauperis application (see ECF No. 4). (ECF No. 6 || 8.) This Court agrees with the recommendation and will therefore accept and adopt the 7 || R&R in full. 8 Itis therefore ordered, adjudged and decreed that the Report and Recommendation 9 || of Magistrate Judge Carla L. Baldwin (ECF No. 8) is accepted and adopted in its entirety. 10 It is further ordered that this case is dismissed without prejudice. 11 It is further ordered that the pending motion (ECF No. 1) is denied as moot. 12 The Clerk of the Court is directed to close this case. 13 DATED THIS 1* day of June 2020.

45 / —_ MIRANDA M. DU 16 CHIEF UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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