Marvik v. The Screen Actors Guild ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVE MARVIK, ) Case No.: 1:21-cv-1161 - AWI - JLT ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS DENYING 13 v. ) PLAINTIFF’S MOTION TO PROCEED IN ) FORMA PAUPERIS AND DISMISSING THE 14 THE SCREEN ACTORS GUILD, et al., ) ACTION WITHOUT PREJUDICE ) 15 Defendants. ) (Doc. 3) ) 16 17 Steve Marvik seeks to proceed pro se and in forma pauperis in this action against the Screen 18 Actors Guild, all Blacks, former president Barack Obama, the Fox News Network, the Cable News 19 Network, and unidentified “snitches.” (See Doc. 1 at 1-3.) The magistrate judge determined Plaintiff 20 was unable to state a claim upon which relief may be granted and the complaint was frivolous. 21 Therefore, the magistrate judge recommended the motion to proceed in forma pauperis be denied and 22 the complaint be dismissed without leave to amend. (Doc. 3.) 23 Plaintiff was granted fourteen days from the date of service to file any objections to the 24 recommendation of the Magistrate Judge. (Doc. 3 at 5) In addition, Plaintiff was “advised that failure 25 to file objections within the specified time may waive the right to appeal the District Court’s order.” 26 (Id., citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 27 (9th Cir. 2014)) Thus, any objections were to be filed no later than August 23, 2021. To date, no 28 objections have been filed. 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley Unite 2 || School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 3 || Having carefully reviewed the matter, the Court finds the Findings and Recommendations are 4 || supported by the record and proper analysis. 5 Based upon the foregoing, IT IS HEREBY ORDERED: 6 1. The Findings and Recommendations dated August 5, 2021 (Doc. 3) are ADOPTED I 7 FULL; 8 2. Plaintiff’s motion to proceed in forma pauperis (Doc. 2) is DENIED; 9 3. Plaintiff’s complaint is DISMISSED without prejudice; and 10 4. The Clerk of Court is DIRECTED to close this action, because this Order terminates 11 the matter in its entirety. 12 13 |} ITIS SO ORDERED. 14 || Dated: August 25, 2021 : : -_-SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28