1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Troy A. Potter, Case No. 2:24-cv-02292-CDS-BNW

5 Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation 6 v.

7 Kevin Speed, [ECF No. 6]

8 Defendant

9 10 Plaintiff Troy Potter brings this civil-rights action under

alleging that his 11 constitutional rights were violated by his county public defender, Kevin Speed. Compl., ECF No. 1- 12 1. Potter filed his complaint to initiate this action but failed to submit an application to proceed in 13 forma pauperis (IFP) or, in the alternative, pay the civil-case filing fee. United States Magistrate 14 Judge Brenda Weksler thrice ordered Potter to either (1) file a fully complete IFP application or 15 pay the $405 filing fee, but he did neither. ECF Nos. 3, 4, and 5. After the April 17, 2025 deadline 16 expired without Potter complying or otherwise responding, Judge Weksler issued a report and 17 recommendation (R&R) that this case be dismissed without prejudice. R&R, ECF No. 6. 18 Potter had until May 15, 2025, to file any specific, written objections to the magistrate 19 judge’s R&R.

at 3 (citing Local Rule IB 3-2 (stating that parties wishing to object to the 20 findings and recommendations must file specific written objections within fourteen days)); see 21 also

(b)(1)(C) (same). Almost a month has passed, and Potter has not objected to 22 the dismissal recommendation. The law is clear that “no review is required of a magistrate judge’s 23 report and recommendation unless objections are filed.” Schmidt v. Johnstone,

, 24 1226 (D. Ariz. 2003); see also Thomas v. Arn,

(1985); United States v. Reyna-Tapia, 328

(9th Cir. 2003). 26 27 1 Although de novo review is not required, I nonetheless made an independent review here. 2 || Federal law requires a party initiating a civil lawsuit to pay a filing fee and an administrative fee. 28 □□ 1914(a), (b). However, if a plaintiff is unable to pay such fees,

allows a 4 ||district court to authorize the commencement of a civil action through an IFP application. 28 U.S.C. 5 1915(a)(1). Indeed, I find that the record demonstrates that—despite three opportunities to do 6 ||so—Potter did not submit an IFP application or pay the civil filing fee. Under these circumstances, 7 ||Judge Weksler considered the In re Phenylpropanolamine Prod. Liability Litigation dismissal factors and 8 || found they strongly weighed in favor of dismissal. ECF No. 6 (citing

, 1226 (9th Cir. 9 |}2006)) (citation omitted). I agree that sanctions less drastic than dismissal are unavailable here. 10 || Potter has failed to comply with the orders of this court, and thus, it may, in its discretion, dismiss 11||this lawsuit. For those reasons, I accept the R&R in its entirety and dismiss this matter. 12 Conclusion B It is hereby ordered that the magistrate judge’s report and recommendation [ECF No. 6] is 14 ||accepted and adopted in full, therefore Potter's complaint is dismissed without prejudice. The 15 of Court is kindly directed to enter judgment scoot and to close this case. 16 Dated: June ll, 2025 / / 17 . : LL ( —_—— 18 Cristina . Sit U isa States District Judge 19 / 20 21 22 23 24 25 26 27 28 XY