Lopez v. US Distrect Attorneys Office

FILED IN THE 2 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON 3 Jun 27, 2023 4 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON ELVIS CAMILO RENTERIA LOPEZ, No. 4:23-CV-05001-SAB 10 Plaintiff, 11 v. ORDER ADOPTING REPORT UNITED STATES ATTORNEY’S AND RECOMMENDATION OFFICE; and BENTON COUNTY PROSECUTOR’S OFFICE, 15 Defendants.

17 Before the Court is U.S. Magistrate Judge James A. Goeke’s Report and Recommendation, ECF No. 6. Judge Goeke recommends that Plaintiff’s Complaint be dismissed without prejudice, because Plaintiff failed pay the full filing fee or properly complete an Application to Proceed In Forma Pauperis. Plaintiff did not respond to the Court’s Order Denying Application to Proceed In Forma Pauperis, ECF No. 4, or file an objection to the Report and Recommendation.

23 A district court has jurisdiction to review a magistrate judge’s report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). Under 28 U.S.C. § 636(b)(1) parties may file objections to the magistrate’s findings and conclusions. The “statute makes it clear that the district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

1 No objections were filed, and the Court agrees with Judge Goeke’ recommendation. Accordingly, IT IS HEREBY ORDERED: 3 1. The Court ADOPTS the Report and Recommendation, ECF No. 6, 1 its entirety.

5 2. The Complaint in the above-captioned matter is DISMISSED without prejudice.

3. The Clerk of Court is directed to CLOSE the file.

8 IT IS SO ORDERED. The District Court Executive is hereby directed t 9)| enter this Order and provide a copy to pro se Plaintiff.

10 DATED this 27th day of June 2023.

14 ‘ 15 S fo £ 74 i. ae.

16 Stanley A. Bastian 17 Chief United States District Judge