Blanco v. US Department of State
Blanco v. US Department of State
Trial Court Opinion
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3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * 9 10 CARLOS RAY BLANCO, Case No. 2:21-cv-01523-RFB-DJA 11 Plaintiff(s), 12 vs. ORDER 13
14 US DEPARTMENT OF STATE, 15 Defendant(s).
16 Before the Court is the [6] Report and Recommendation and [11] Objection/Appeal of 17 Magistrate Judge Report and Recommendation. The Court “may accept, reject, or modify, in whole 18 or in part, the findings or recommendations made by the magistrate.”
28 U.S.C. § 636(b)(1). If a 19 party fails to object to object to a magistrate judge's report and recommendation, the court is not 20 21 required to conduct "any review at all . . . of any issue that is not the subject of 22 an objection." Thomas v. Arn,
474 U.S. 140, 149-52,
106 S. Ct. 466,
88 L. Ed. 2d 435(1985). The 23 Court need only review de novo the portions of the report and recommendation that the plaintiff 24 has filed an objection to.
28 U.S.C. § 636(b)(1)(C). During this de novo review, the "district judge 25 may accept, reject, or modify the recommended disposition; receive further evidence; or return the 26 matter to the magistrate judge with instructions." Fed. R. Civ. P. 72(b)(3). 27 On September 8, 2021, Judge Albregts recommended dismissal of this matter on the basis 28 that Plaintiff failed to file a complete application to proceed in forma pauperis. Judge Albregts 1 determined that the Court could not determine whether Plaintiff is eligible to proceed in form. 2 pauperis. Judge Albregts also recommended dismissal of Plaintiffs claims on the basis that the 3 ||contained apparently baseless factual contentions. Judge Albregts observed that Plaintiff 4 ||Complaint appeared to assert that his birth certificate and social security number are fraudulent 5 |!because he did not consent to being given a birth certificate or social security number, or t 6 becoming a citizen, as he was an infant when it happened. Plaintiff's objection to the Report an 7 || Recommendation does not respond to the substance of Judge Albregts’ opinion. The objection 8 styled as a “sovereign-citizen” objection, merely suggests that Judge Albregts’ recommendation 1 ° based on racism and is a violation of Plaintiff's human rights. The Court finds no clear error wit 0 Judge Albregts’ recommendation that this matter be dismissed, as it is both frivolous and the IF application is incomplete. IT IS THEREFORE ORDERED that the [6] Report and Recommendation is ADOPTED and [11] Objection/Appeal of Magistrate Judge Report and Recommendation is DENIED. This case is dismissed. The Clerk of the Court is instructed to close this case.
16 M DATED this 18 day of August, 2022. 18 19 20 AK 21 RICHARD F. BOULWARE, II » UNITED STATE DISTRICT JUDGE
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Reference
- Status
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