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2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 ADAM GOBER, Case No. 3:20-cv-00513-MMD-CLB

7 Plaintiff, ORDER v. 8 TAMMY M. HOWARD, et al., 9 Defendants. 10 11 Pro se Plaintiff Adam Gober brings this action under

. Before the 12 Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States 13 Magistrate Judge Carla L. Baldwin (ECF No. 5), primarily recommending the Court 14 dismiss Plaintiff’s complaint, without prejudice, for lack of personal jurisdiction. Plaintiff 15 had until November 2, 2020 to file an objection. To date, no objection to the R&R has 16 been filed. For this reason, and as explained below, the Court adopts the R&R, and will 17 dismiss Plaintiff’s Complaint without prejudice. 18 The 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 fails to object to a magistrate judge’s recommendation, the Court is not required to 21 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 22 v. Arn,

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

, 23 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 24 recommendations is required if, but only if, one or both parties file objections to the 25 findings and recommendations.”) (emphasis in original); 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.”). 1 Because there is no objection, the Court need not conduct de novo review, and is 2 || satisfied Judge Baldwin did not clearly err. Here, Judge Baldwin recommends that 3 || Plaintiffs application to proceed in forma pauperis be granted because Plaintiff's 4 || application reveals he cannot pay the filing fee. (ECF No. 5 at 2.) Judge Baldwin goes on 5 || to note Plaintiff's Complaint only alleges claims against Defendants Clerk of the Georgia 6 || Superior Court, Tammy M. Howard, and Assistant Clerk of the Georgia Superior Court, 7 || S.Z. (/d. at 3.) But in order to proceed with a civil action, the Court must have personal 8 || jurisdiction over the named defendants. See

(b)(3). Judge Baldwin thus 9 || determined the Court likely lacks personal jurisdiction over Defendants as that there is no 10 || indication in Plaintiffs Complaint that either of the individual defendants resides within the 11 || District of Nevada. (ECF No. 5 at 3-4.) The Court agrees with Judge Baldwin. Having 12 || reviewed the R&R and the record in this case, the Court will adopt the R&R in full. 13 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 14 || No. 5) is accepted and adopted in full. 15 It is further ordered that Plaintiff's application to proceed in forma pauperis (ECF 16 || No. 4) is granted. 17 The Clerk of Court is directed to file the Complaint (ECF No. 1-1). 18 It is further ordered that Plaintiff's Complaint (ECF No. 1-1), is dismissed, in its 19 || entirety, without prejudice, to the extent Plaintiff can assert plausible claims for relief in 20 || the correct court. 21 The Clerk of Court is further directed to enter judgment accordingly and close this 22 || Case. 23 DATED THIS 6" Day of November 2020. 24 — 25 fA Lin 26 MIRANDA M. DU 57 CHIEF UNITED STATES DISTRICT JUDGE

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