James J. Sharp v. X Corporation, et al.

District Court, D. Nevada

James J. Sharp v. X Corporation, et al.

Trial Court Opinion

1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 James J. Sharp, Case No. 2:25-cv-02252-CDS-NJK

4 Plaintiff Order Accepting the Magistrate Judge’s Report and Recommendation and 5 v. Dismissing Case

6 X Corporation, et al.,

7 Defendants [ECF No. 4] 8 9 James Sharp initiated this action against the X social media platform and Elon Musk by 10 filing an application to proceed in forma pauperis alongside his complaint. ECF Nos. 1, 1-1. United 11 States Magistrate Judge Nancy J. Koppe screened the complaint under

28 U.S.C. § 1915

(e) and 12 issued a report and recommendation (R&R) that I dismiss this case because the “complaint is 13 frivolous and delusional and does not state a claim upon which relief can be granted.” R&R, 14 ECF No. 4. The R&R also notes that

17 U.S.C. § 230

, the Communications Decency Act, does 15 not create a private right of action.

Id. at 3, n.2

. Judge Koppe reasons that “[d]istrict courts have 16 the authority to dismiss cases sua sponte without notice when the plaintiff ‘cannot possibly win 17 relief.’”

Id. at 2

. (citing Sparling v. Hoffman Constr. Co.,

864 F.2d 635

, 638 (9th Cir. 1988)). 18 Sharp had until December 17, 2025, to file any specific written objections to the R&R. Id. 19 at 4 (citing Local Rule IB 3-2(a) (stating that parties wishing to object to the magistrate judge’s 20 findings and recommendations must file specific written objections within fourteen days)); see 21 also

28 U.S.C. § 636

(b)(1) (same). Here, no objection is filed and the time to do so has passed. 22 The law is clear that “no review is required of a magistrate judge’s report and recommendation 23 unless objections are filed.” Schmidt v. Johnstone,

263 F. Supp. 2d 1219, 1226

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

474 U.S. 140, 150

(1985). Indeed, the Ninth Circuit has recognized that a district 25 court is not required to review a magistrate judge’s R&R where no objections are filed. United 26 States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003). 1 Conclusion 2 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 3|| [ECF No. 4] is adopted in full. Sharp’s complaint is dismissed without prejudice. 4 The Clerk of Court is kindly directed to enter judgmens accordingly and to close this case. /, } é 6 Dated: December 23, 2025 LZ 8 Cris nay). Silva . U ret States District Judge 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Reference

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