Zanoni v. Northern Nevada Hopes Clinic ( 2019 )

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 6 CAROLYN ZANONI, Case No. 3:19-cv-00548-MMD-WGC 7 Plaintiff, ORDER ACCEPTING AND ADOPTING v. REPORT AND RECOMMENDATION 8 OF MAGISTRATE JUDGE NORTHERN NEVADA HOPES CLINIC, WILLIAM G. COBB 9 CLAIRESE ROBERTS, 10 Defendant. 11 12 Before the Court is the Report and Recommendation of United States Magistrate 13 Judge William G. Cobb (ECF No. 5) (“R&R”) relating to Plaintiff’s application to proceed in 14 forma pauperis (ECF No. 1) and pro se complaint (“Complaint”) (ECF No. 1-1). Plaintiff 15 had until December 26, 2019, to file an objection but has not done so. The Court accepts 16 and adopts the R&R in full. 17 This Court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). However, the 19 Court is not required to conduct “any review at all . . . of any issue that is not the subject 20 of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also United States v. 21 Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review 22 employed by the district court when reviewing a report and recommendation to which no 23 objections were made); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) 24 (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the view that district 25 courts are not required to review “any issue that is not the subject of an objection” and 26 accepting, without review, a magistrate judge’s recommendation to which no objection 27 was filed). The Court nonetheless engages in de novo review to determine whether to 28 accept the R&R and finds it should be accepted. 1 Magistrate Judge Cobb recommends that the Court grant Plaintiff's application to 2 || proceed in forma pauperis but dismiss this action for lack of jurisdiction. (See generally 3 || ECF No. 5.) Having reviewed Plaintiff's document that the Court construes as her 4 || Complaint (ECF No. 1-1), the Court agrees with Judge Cobb’s recommendations. 5 It is therefore ordered, adjudged and decreed that the Report and Recommendation 6 || of Magistrate Judge William G. Cobb (ECF No. 5) is accepted and adopted in its entirety. 7 It is further ordered that Plaintiff's application to proceed in forma pauperis (ECF 8 || No. 1) is granted. 9 It is further ordered that this action is dismissed with prejudice for lack of jurisdiction. 10 The Clerk of Court is directed to enter judgment accordingly and close this case. 11 DATED THIS 31% day of December 2019. 13 LZ MIRANDA M. DU 14 CHIEF UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28