Rasberry II v. U. S. Bank National Association

2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Franklin Raspberry II, Case No. 2:25-cv-00070-CDS-BNW 5 Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Dismissing Case v. U.S. Bank National Association, [ECF Nos. 3, 4] 8 Defendant 10 Plaintiff Franklin Raspberry II commenced this action to exercise his right to participate in Nevada’s Foreclosure Mediation Program with defendant U.S. Bank National Association, his mortgage lender. Compl., ECF No. 1-1 at 2. Because Raspberry applied to proceed in forma pauperis (ECF No. 1), United States Magistrate Judge Brenda Weksler screened Raspberry’s petition for foreclosure mediation and issued a report and recommendation (R&R) that the case be dismissed with prejudice. R&R, ECF No. 3. Raspberry had until January 27, 2025, to object to that recommendation. Id. at 2 (citing Local Rule IB 3-2(a) (stating that parties wishing to object to an R&R must file objections within fourteen days)); see also 28 U.S.C. § 636(b)(1)(C) (same).

18 Before the deadline, on January 22, 2025, Raspberry filed a motion for voluntary dismissal. ECF No. 4. In Raspberry’s motion, he agrees that the case should be dismissed but asks that it be dismissed without prejudice.1 Id. A court may dismiss an action with prejudice if the underlying claims cannot be re-filed in federal court; dismissal with prejudice in federal court does not prevent the plaintiff from pursuing those claims in state court. Drimmer v. Wd-40 Co., 2010 U.S. 23 Dist. LEXIS 148916, *3 (S.D. Cal Mar. 29, 2010) (citing Semtek Int’l Inc. v. Lockheed Martin Corp., 531 24 U.S. 497 (2001). Here, Raspberry cannot petition for foreclosure mediation in federal court, and 1 Once a party files a voluntary dismissal, no order of the court is necessary to effectuate dismissal. Com.

Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999).

1|| dismissal with prejudice does not bar Raspberry from petitioning to participate in the program state court. Also, because I construe? Raspberry’s motion to voluntarily dismiss this action as 3]| a non-opposition, I adopt the R@R in full and dismiss this case with prejudice. “[N]o review is 4|| required of a magistrate judge’s report and recommendation unless objections are filed.” Schmidt 5}| v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 6|| (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

7 Conclusion 8 IT IS HEREBY ORDERED that the magistrate judge’s report and recommendation [ECF No. 3] is adopted in its entirety, therefore this case is dismissed with prejudice.

10 The Clerk of Court is kindly instructed to terminate [ECF No. 4] and to close this case. ul Dated: January 24, 2025 J, J 12 . LZ 13 Cri A te———_ 4 U ited States District Judge ? Pro se pleadings are liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990)