Edwards, Jr. v. Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 HAROLD L. EDWARDS, JR., Case No.: 19-cv-1775-AJB-BLM 12 Plaintiff, ORDER: 13 v. (1) ADOPTING THE REPORT AND 14 SOCIAL SECURITY, RECOMMENDATION; AND 15 Defendant. (2) GRANTING MOTION TO 16 PROCEED IN FORMA PAUPERIS 17 AND DISMISSING SUA SPONTE PLAINTIFF’S COMPLAINT 18 19 (Doc. Nos. 3, 6.) 20 Before the Court is Plaintiff’s motion to proceed in forma pauperis (“IFP”). 21 (Doc. No. 3.) The Court referred the matter to Magistrate Judge Barbara L. Major for a 22 Report and Recommendation (“R&R”). (Doc. No. 2.) The R&R recommends that 23 Plaintiff’s motion to proceed IFP be granted and Plaintiff’s complaint be dismissed with 24 leave to amend. (Doc. No. 6 at 7.) Plaintiff was instructed to file an amended complaint no 25 later than November 12, 2019. (Id.) The parties were instructed to file written objections 26 to the R&R by November 12, 2019. (Id. at 7–8.) 27 Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district 28 ] || judge’s duties in connection with a magistrate judge’s R&R. The district judge must “make 2 ||a de novo determination of those portions of the report . . . to which objection is made[,]” 3 ||and “may accept, reject, or modify, in whole or in part, the findings or recommendations 4 ||made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also United States v. Remsing, 5 || 874 F.2d 614, 617 (9th Cir. 1989). However, in the absence of objection(s), the Court “need 6 || only satisfy itself that there is no clear error on the face of the record in order to accept the 7 ||recommendation.” Fed. R. Civ. P. 72(b) advisory committee note to the 1983 amendment; 8 || see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 9 Neither party has filed objections to Magistrate Judge Major’s R&R. Further, 10 || Plaintiff failed to file an amended complaint by November 12, 2019. Having reviewed the 11 R&R, the Court finds it thorough, well-reasoned, and contains no clear error. Accordingly, 12 Court hereby ADOPTS Magistrate Judge Major’s R&R in its entirety. (Doc. No. 6.) 13 || However, since the deadline has passed for Plaintiff to file an amended complaint and no 14 || action has been taken in this case since the filing of the original complaint, the Court Clerk 15 |/is instructed to close the case. 16 IT IS SO ORDERED. 17 Dated: June 16, 2020 | ZS Zz : Le 18 Hon. Anthony J.Battaglia 19 United States District Judge 20 21 22 23 24 25 26 27 28