Peters v. Almase

District Court, D. Nevada

Peters v. Almase

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Kem Ontae Peters, Case No.: 2:22-cv-02152-JAD-EJY 4 Plaintiff Order Adopting Report and v. Recommendation and Dismissing Case Ceasar Almase, Esq., [ECF Nos. 1, 3] 7 Defendant 8 The magistrate judge has screened Plaintiff Kem Ontae Peters’s complaint and recommends that this action be dismissed because Peters has failed to—and under these 10}| circumstances cannot—state a plausible claim against his court-appointed attorney for a federal 11|| constitutional violation.! The deadline for Peters to object to that recommendation was January 17, 2023, and no party filed anything or asked to extend the deadline to do so. “[N]o review is 13|| required of a magistrate judge’s report and recommendation unless objections are filed.”” Having reviewed the report and recommendation, I find good cause to adopt it, and I do. 15 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation [ECF No. 3] is ADOPTED in its entirety and Peters’s application to proceed forma pauperis [ECF No. 1] is DENIED as moot. This action is DISMISSED with 18]| prejudice because Peters’s claims fail as a matter of law and amendment would be futile, and the Clerk of Court is directed to ENTER JUDGMENT and CLOSE THIS CASE. TONKA >] US. vane OES, Dorsey January 23, 2023 ECF No. 3. Schmidt v. Johnstone,

263 F. Supp. 2d 1219, 1226

(D. Ariz. 2003); see also Thomas v. Arn,

474 U.S. 140, 150

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

328 F.3d 1114, 1121

(9th Cir. 2003).

Reference

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