Williams v. United States District Court District of Nevada

District Court, D. Nevada

Williams v. United States District Court District of Nevada

Trial Court Opinion

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2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 D. WILLIAMS, Case No. 3:21-cv-00217-MMD-CLB

7 Plaintiff, ORDER v. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, et al.,

10 Defendants. 11 12 Pro se Plaintiff D. Williams brings this civil action against Defendants, the United 13 States District Court for the District of Nevada, the United States, the State of Nevada, 14 and “Corporations I-C and Does I-C”. (ECF No. 1-1.) Before the Court is the Report and 15 Recommendation (“R&R” or “Recommendation”) of United States Magistrate Judge Carla 16 L. Baldwin (ECF No. 3), recommending that Williams’s application to proceed in forma 17 pauperis be granted and that Williams’s complaint be dismissed with prejudice. Williams 18 had until May 31, 2021, to file an objection. To date, no objection to the R&R has been 19 filed. For this reason, and as explained below, the Court adopts the R&R, and will dismiss 20 this action with prejudice. 21 The Court “may accept, reject, or modify, in whole or in part, the findings or 22 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where a party 23 fails to object to a magistrate judge’s recommendation, the Court is not required to 24 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 25 v. Arn,

474 U.S. 140, 149

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

328 F.3d 1114

, 26 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 27 recommendations is required if, but only if, one or both parties file objections to the 1 || Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 2 || clear error on the face of the record in order to accept the recommendation.”). 3 Because there is no objection, the Court need not conduct de novo review, and is 4 || satisfied Judge Baldwin did not clearly err. Here, Judge Baldwin recommends dismissing 5 || this action as Williams’s complaint is rambling, nonsensical, and filled with incomplete 6 || sentences. (ECF No. 3 at 3.) Moreover, Williams does not state a claim upon which relief 7 || may be granted and amendment would be futile. (/d. at 4.) The Court agrees with Judge 8 || Baldwin. Having reviewed the R&R and the record in this case, the Court will adopt the 9 |} R&R in full. 10 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 11 || No. 3) is accepted and adopted in full. 12 It is further ordered that Plaintiff D. Williams’s application to proceed in forma 13 || pauperis (ECF No. 1) is granted. 14 The Clerk of Court is directed to file Williams’s complaint (ECF No. 1-1). 15 It is further ordered that Williams’s complaint (ECF No. 1-1) is dismissed with 16 || prejudice. 17 The Clerk of Court is directed to enter judgment accordingly and close this case. 18 DATED THIS 1* Day of July 2021. 19 a. 20 A | 21 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE

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Reference

Status
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