1

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 CHRISTIAN M. FULKERSON, Case No. 3:20-cv-00241-MMD-CLB

7 Plaintiff, ORDER v. 8 THRIVE MARKET, INC. 9 Defendant. 10 11 Plaintiff Christian M. Fulkerson attempts to sue Defendant Thrive Market, Inc., 12 alleging employment discrimination. (ECF No. 1-1.) Before the Court is the Report and 13 Recommendation (“R&R” or “Recommendation”) of United States Magistrate Judge Carla 14 L. Baldwin (ECF No. 3), recommending that the Court dismiss this case without prejudice 15 because “a pro se party cannot represent another pro se party” (id. at 4). To date, no 16 objection to the R&R has been filed. For this reason, and as explained below, the Court 17 adopts the R&R and will dismiss this case. 18 This Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.”

(b)(1). Where a party 20 timely objects to a magistrate judge’s report and recommendation, then the Court is 21 required to “make a de novo determination of those portions of the [report and 22 recommendation] to which objection is made.”

Where a party fails to object, however, 23 the court is not required to conduct “any review at all . . . of any issue that is not the 24 subject of an objection.” Thomas v. Arn,

(1985); see also United States 25 v. Reyna-Tapia,

(9th Cir. 2003) (“de novo review of the magistrate 26 judges’ findings and recommendations is required if, but only if, one or both parties file 27 objections to the findings and recommendations.”); Fed. R. Civ. P. 72, Advisory 1 Committee Notes (1983) (providing that the court “need only satisfy itself that there is no 2 clear error on the face of the record in order to accept the recommendation”). 3 While Plaintiff has failed to object to Judge Baldwin’s Recommendation to dismiss 4 this case without prejudice, the Court will conduct a de novo review to determine whether 5 to adopt the R&R. Judge Baldwin noted that Heath Fulkerson purports to be Plaintiff’s 6 attorney, but Heath Fulkerson, who is well-known to the Court from filing several recent 7 cases, is not an attorney. (ECF No. 3 at 3-4.) Judge Baldwin thus concluded, “[b]ecause 8 a pro se party cannot represent another pro se party, the court recommends that this 9 action be dismissed, without prejudice, to allow Christian Fulkerson to file an application 10 to proceed in forma pauperis and initiate this lawsuit on her own behalf.” (Id. at 4.) Having 11 reviewed the R&R and the Complaint (ECF No. 1-1), the Court agrees with Judge 12 Baldwin. 13 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 14 No. 3) is accepted and adopted in full. 15 It is further ordered that Plaintiff’s Complaint (ECF No. 1-1) is dismissed, in its 16 entirety, without prejudice. 17 The Clerk of Court is directed to file the Complaint (ECF No. 1-1). 18 The Clerk of Court is further directed to enter judgment accordingly and close this 19 case. 20 DATED THIS 6th day of July 2020. 21

22 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 23 24 25 26 27