2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 HEATH VINCENT FULKERSON, Case No. 3:20-cv-00425-MMD-WGC

7 Plaintiff, ORDER v. 8 U.S. DEPARTMENT OF JUSTICE, 9 Defendant. 10 11 Plaintiff has filed a pro se civil rights complaint pursuant to

and 12 an application to proceed in forma pauperis (the “IFP Application”). (ECF Nos. 1, 1-2.) 13 Before the Court is the Report and Recommendation (“R&R”) of United States Magistrate 14 Judge William G. Cobb (ECF No. 4), recommending that the Court dismiss this action with 15 prejudice. To date, no objection has been filed. For that reason, and because the Court 16 agrees with Judge Baldwin, the Court will adopt the R&R. 17 The Court incorporates the facts outlined in the R&R (ECF No. 4 at 3-4) and does 18 not recite them here. 19 This Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.”

(b)(1). Where a party 21 fails to object, however, the Court is not required to conduct “any review at all . . . of any 22 issue that is not the subject of an objection.” Thomas v. Arn,

(1985); 23 see also United States v. Reyna-Tapia,

(9th Cir. 2003) (“De novo review of 24 the magistrate judges’ findings and recommendations is required if, but only if, one or both 25 parties file objections to the findings and recommendations.”); Fed. R. Civ. P. 72, Advisory 26 Committee Notes (1983) (providing that the court “need only satisfy itself that there is no 27 clear error on the face of the record in order to accept the recommendation”). 28 1 While Plaintiff has not objected, the Court nevertheless conducts de novo review to 2 || determine whether to adopt Judge Cobb’s R&R. Judge Cobb recommended that the Court 3 || grant the IFP Application because he cannot pay the filing fee. (ECF No. 4 at 2.) Judge 4 || Cobb also recommends that the Court sua sponte dismiss this action, under

|| 1915(e)(2)(B)(i), because Plaintiff's complaint describes a “fantastical or delusional 6 || scenario.” (/d. at 4-5 (citing to Neitzke v. Williams,

(1989)).) The 7 || Court agrees with Judge Cobb. 8 It is therefore ordered that the Report and Recommendation of Magistrate Judge 9 || William G. Cobb (ECF No. 4) is accepted and adopted in full. 10 It is further ordered that Plaintiff's application to proceed in forma pauperis (ECF 11 || No. 1) is granted. 12 It is further ordered that the Clerk of Court detach and file the complaint (ECF No. 13 || 1-2). 14 It is furthered ordered that the Complaint (ECF No. 1-2) is dismissed with prejudice. 15 The Clerk is directed to enter judgment in accordance with this order and close this 16 || case. 17 18 DATED THIS 3" day of September 2020. 19 20 a LS J MIRANDA M. DU 21 CHIEF UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28