Allen v. Bone

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

Case No.: 2:20-cv-01576-JAD-DJA Markqwon Allen,

Plaintiff Order Adopting Report &

Recommendation, Denying Third IFP v. Motion, and Directing Plaintiff to Pay the Filing Fee

Austin Bone, et al., [ECF Nos. 6, 7]

Defendants

Having denied Plaintiff Markqwon Allen’s first two applications to proceed in forma pauperis (IFP) with instructions for curing the deficiencies,1 the magistrate judge considered Allen’s third application.2 Finding this third try still inadequate because it is missing the required inmate statement and a complaint for screening, the magistrate judge recommends that I deny the motion and order Allen to pay the filing fee if he wants to proceed with this case.3 The deadline for the plaintiff to object to that recommendation was December 30, 2020, and the plaintiff neither filed objections nor moved to extend the deadline to do so. “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”4 Having reviewed the R&R, I find good cause to adopt it, and I do.

IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation [ECF No. 7] is ADOPTED in its entirety and Allen’s third IFP application [ECF No. 6] is DENIED without leave to file a fourth one. Allen has until January 25, 2021, ECF Nos. 3, 5 (orders).

2 ECF No. 6.

ECF No. 7.

Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 28 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). to pay the full $400 filing fee. If he fails to pay the full $400 filing fee by that deadline, this case will be dismissed and closed without further prior warning. ° q y ne oe Dorsey

Dated: January 5, 2021