Randell v. Prengaman

District Court, D. Nevada

Randell v. Prengaman

Trial Court Opinion

1

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 TIMOTHY RANDELL, Case No. 3:20-cv-00561-MMD-CLB

7 Plaintiff, ORDER v. 8 LUKE PRENGAMAN, et al., 9 Defendants. 10 11 Pro se Plaintiff Timothy Randell brings this action under

42 U.S.C. § 1983

. Before 12 the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United 13 States Magistrate Judge Carla L. Baldwin (ECF No. 4), recommending the Court dismiss 14 this case without prejudice because Plaintiff has neither paid the filing fee nor completed 15 an application to proceed in forma pauperis (“IFP Application”), despite being warned that 16 he must, or face dismissal of his case. Plaintiff had until December 28, 2020 to file an 17 objection. (Id.) To date, no objection to the R&R has been filed. For this reason, and as 18 explained below, the Court adopts the R&R, and will dismiss this case without prejudice. 19 The Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where a party 21 fails to object to a magistrate judge’s recommendation, the Court is not required to 22 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 23 v. Arn,

474 U.S. 140, 149

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

328 F.3d 1114

, 24 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 25 recommendations is required if, but only if, one or both parties file objections to the 26 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 27 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 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, as noted, Judge Baldwin recommends 3 the Court dismiss this case without prejudice because Plaintiff has neither paid the filing 4 fee nor completed an IFP Application, despite being warned that he must, or face 5 dismissal of his case. (ECF No. 4.) The Court agrees with Judge Baldwin. Having 6 reviewed the R&R and the record in this case, the Court will adopt the R&R in full. 7 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 8 No. 4) is accepted and adopted in full. 9 It is further ordered that this case is dismissed, in its entirety, without prejudice. 10 The Clerk of Court is directed to enter judgment accordingly and close this case. 11 DATED THIS 4th Day of January 2021. 12 13

14 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 15

16 17 18 19 20 21 22 23 24 25 26 27

Reference

Status
Unknown