Peters v. California Socialworkers of San Mateo

District Court, D. Nevada

Peters v. California Socialworkers of San Mateo

Trial Court Opinion

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3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 OREN PETERS, Case No. 3:21-cv-00388-MMD-CLB

7 Plaintiff, ORDER v. 8 CALIFORNIA SOCIALWORKERS OF SAN MATEO, 9 Defendant. 10 11 Pro se Plaintiff Oren Peters filed a civil rights complaint under

42 U.S.C. § 1983

12 but Peters did not pay the $402.00 filing fee nor file an application to proceed in forma 13 pauperis. (ECF No. 1-1.) Before the Court is the Report and Recommendation (“R&R”) of 14 United States Magistrate Judge Carla L. Baldwin (ECF No. 4), recommending that this 15 action be dismissed without prejudice for failure to pay the filing fee or file an application 16 to proceed in forma pauperis. Peters had until March 21, 2022, to file an objection. To 17 date, no objection to the R&R has been filed. For this reason, and as explained below, 18 the Court adopts Judge Baldwin’s R&R in full. 19 The Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(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,

474 U.S. 140, 149

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

328 F.3d 1114

, 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 this action 3 || be dismissed because Peters has not paid the filing fee nor filed an application to proceed 4 || in forma pauperis. (ECF No. 4.) The Court agrees with Judge Baldwin. Having reviewed 5 || the R&R and the record in this case, the Court will adopt the R&R in full. 6 It is therefore ordered that Judge Carla L. Baldwin’s Report and Recommendation 7 || (ECF No. 4) is accepted and adopted in full. 8 It is further ordered that this action is dismissed without prejudice for failure to pay Q || the filing fee or file an application to proceed in forma pauperis. 10 The Clerk of Court is directed close this case. 11 DATED THIS 30" Day of March 2022. 12 Ler 14 MIRANBA M. DU 15 CHIEF UNITED STATES DISTRICT JUDGE

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Reference

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