In re Britt

District Court, D. Nevada

In re Britt

Trial Court Opinion

1 2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 JAUCELL DUVON BRITT, Case No. 3:21-cv-00139-MMD-WGC

7 Plaintiff, ORDER v. 8 WASHOE COUNTY JAIL, 9 Defendant. 10 11 Pro se Plaintiff Jaucell Britt filed a civil rights complaint under

42 U.S.C. § 1983

. 12 Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of 13 United States Magistrate Judge William G. Cobb (ECF No. 17), recommending that this 14 case be dismissed without prejudice. Britt had until September 30, 2021, to file an 15 objection. To date, no objection to the R&R has been filed. For this reason, and as 16 explained below, the Court adopts Judge Cobb’s R&R and will order that this case be 17 dismissed 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.”

28 U.S.C. § 636

(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,

474 U.S. 140, 149

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

328 F.3d 1114

, 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.”). 28 /// 1 Because there is no objection, the Court need not conduct de novo review, and is 2 || satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends that this case 3 || be dismissed without prejudice because Britt has not filed the correct application to 4 || proceed in forma pauperis, the required financial certificate, and has not updated his 5 || address in accordance with Local Rule IA 3-1.1 (ECF No. 17 at 2-3.) The Court agrees 6 || with Judge Cobb. Having reviewed the R&R and the record in this case, the Court will 7 || adopt the R&R in full. 8 It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 9 || 17) is accepted and adopted in full. 10 It is further ordered that this case be dismissed without prejudice for failure to file 11 || the proper court documents and failure to comply with Local Rule IA 3-1. 12 The Clerk of Court is directed to enter judgment accordingly and close this case. 13 DATED THIS 6" Day of October 2021. 14 15 / 16 AG 17 CHIEF UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 ‘The Court notes that on August 16, 2021, the Court expressly warned Britt that 28 ‘Lif [Britt] fails to timely file a completed IFP application and financial certificate or pay the filing fee, this action will be dismissed without prejudice.” (ECF No. 14 at 3.)

Reference

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