Jones v. Department of Veteran Affairs

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA * * *

PATRICIA JONES, Case No. 2:21-cv-00524-RFB-EJY Plaintiff,

ORDER v.

SECRETARY, DEPARTMENT OF

VETERAN AFFAIRS,

Defendants.

Before the Court for consideration is the Report and Recommendation [ECF No.7] of the Honorable Elayna J. Youchah, United States Magistrate Judge, entered June 28, 2021. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 21 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is required to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by July 12, 2021. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge’s recommendations. ] IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 7 is ACCEPTED and ADOPTED in full.

IT IS FURTHER. ORDERED that Plaintiff's motion to proceed in forma pauperis (ECF No. 6) is denied.

IT IS FURTHER ORDERED that Plaintiff be directed to pay the filing fee of $402.00 in installments with the first payment of $52 due on or before November 26, 2021.

IT IS FURTHER ORDERED that Plaintiff make $50 payment approximately every thirty days on December 27, 2021, January 27, 2022, February 28, 2022, March 28, 2022, April 28, 2022, May 27, 2022, and April 17, 2022.

IT IS FURTHER ORDERED that Plaintiffs Initiating Document is dismissed without prejudice and with leave to amend.

IT IS FURTHER ORDERED that Plaintiff is granted until December 6, 2021, to file a complaint that complies with Rule 8(a) of the Federal Rules of Civil Procedure and the instructions given above so long as Plaintiff’s first installment payment of $52 is received by the Clerk of the Court by November 26, 2021.

IT IS FURTHER ORDERED that if Plaintiff fails to comply with the recommendations above, once adopted, Plaintiffs action is dismissed without prejudice.

The Court Clerk is directed to mail a copy of this order to Plaintiff.

DATED: October 26, 2021. AK RICHARD F. BOULWARE, II United States District Judge