Dale Stockton v. Reno Police Department

District Court, D. Nevada

Dale Stockton v. Reno Police Department

Trial Court Opinion

1

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 DALE STOCKTON, Case No. 3:25-cv-00312-ART-CSD 6 Plaintiff, ORDER 7 v.

8 RENO POLICE DEPARTMENT,

9 Defendant.

10 Before the Court is Mr. Stockton’s application to proceed in forma pauperis 11 (“IFP”) (ECF No. 1). Magistrate Judge Crag S. Denney issued a Report and 12 Recommendation (“R&R”) recommending that Mr. Stockton’s application to 13 proceed IFP be denied because he did not file a complaint. 14 Under the Federal Magistrates Act, a court “may accept, reject, or modify, 15 in whole or in part, the findings or recommendations made by [a] magistrate 16 judge.”

28 U.S.C. § 636

(b)(1). Where a party timely objects to a magistrate judge's 17 report and recommendation, then the court is required to “make a de 18 novo determination of those portions of the [report and recommendation] to which 19 objection is made.”

28 U.S.C. § 636

(b)(1). A court is not required to conduct “any 20 review at all . . . of any issue that is not the subject of an objection.” Thomas v. 21 Arn,

474 U.S. 140, 149

(1985). 22 Plaintiff has not filed an objection to the magistrate judge’s R&R and his 23 time to do so has now expired. (ECF No. 4.) 24 After receiving Mr. Stockton’s IFP application, the magistrate judge directed 25 the Clerk to send Mr. Stockton a form civil rights complaint and gave him until 26 August 19, 2025, to file a complaint. The magistrate judge warned Mr. Stockton 27 that his failure to do so would result in a denial of his IFP application and the 28 1 || dismissal of his action without prejudice. Mr. Stockton has still not filed a 2 || complaint. The Court agrees with the magistrate judge’s reasoning and adopts 3 || his R&R in full. 4 I. CONCLUSION 5 It is therefore ordered that Mr. Stockton’s application to proceed in forma 6 || pauperis, (ECF No. 1) is DENIED. 7 It is further ordered that Mr. Stockton’s action is DISMISSED. 8 It is further kindly ordered that the Clerk CLOSE this case. 9 10 Dated this 3™4 day of October, 2025. 11

13 ANNE RTRAUM 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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