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3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 ROBERT LILLBURN NELSON, III, Case No. 3:20-cv-00687-MMD-CLB

7 Plaintiff, ORDER v. 8 U.S. FOODS, et al., 9 Defendants. 10 11 Pro se Plaintiff Robert Nelson, III, brings this action under

. Before 12 the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United 13 States Magistrate Judge Carla L. Baldwin (ECF No. 3), recommending that Plaintiff’s 14 application to proceed in forma pauperis (ECF No. 1 (“IFP”)) be granted, and that 15 Plaintiff’s complaint (ECF No. 1-1) be dismissed with prejudice. Plaintiff had until January 16 27, 2021 to file an objection. To date, no objection to the R&R has been filed. For this 17 reason, and as explained below, the Court adopts the R&R, and will grant Plaintiff’s IFP 18 application and dismiss his complaint. 19 The 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 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,

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

, 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, Judge Baldwin recommends Plaintiff's 3 || complaint be dismissed with prejudice because he has not stated a claim upon which 4 || relief may be granted and amendment of the complaint would be futile. (ECF No. 3 at 3- 5 || 5.) The Court agrees with Judge Baldwin. Having reviewed the R&R and the record in 6 || 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. 3) is accepted and adopted in full. 9 It is further ordered that Plaintiff's application to proceed in forma pauperis (ECF 10 || No. 1) is granted. 11 It is further ordered that Plaintiff's complaint (ECF No. 1-1) is dismissed with 12 || prejudice. 13 The Clerk of Court is directed to enter judgment accordingly and to close this case. 14 DATED THIS 29" Day of January 2021. 15 _

17 MIRANDA DU 18 CHIEF UNITED STATES DISTRICT JUDGE

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