Thomas v. Carter ( 2019 )

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 6 ANTHONY M. THOMAS, Case No. 3:19-cv-00567-MMD-WGC 7 Plaintiff, ORDER ACCEPTING AND ADOPTING v. REPORT AND RECOMMENDATION 8 OF MAGISTRATE JUDGE OFFICER CARTER OF THE WILLIAM G. COBB 9 SHERIFF/POLICE HELP DESK/DEPARTMENT, 10 Defendants. 11 12 Before the Court is the Report and Recommendation of United States Magistrate 13 Judge William G. Cobb (ECF No. 11) (“R&R) relating to Plaintiff’s application to proceed 14 in forma pauperis (ECF No. 1) and pro se complaint (“Complaint”) (ECF No. 1-1). Plaintiff 15 had until December 27, 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 Plaintiff's failure to state a claim. 3 || (ECF No. 11 at 3-4.) Judge Cobb further recommends that dismissal be with prejudice 4 || because it is apparent that amendment would be futile based on the facts Plaintiff alleges. 5 || Having reviewed Plaintiff's Complaint (ECF No. 1-1), the Court agrees with Judge Cobb 6 || regarding dismissal and amendment. (/d. at 4.) The Court will therefore adopt the R&R in 7 || full. 8 It is therefore ordered, adjudged and decreed that the Report and Recommendation 9 || of Magistrate Judge William G. Cobb (ECF No. 11) is accepted and adopted in its entirety. 10 It is further ordered that Plaintiff's application to proceed in forma pauperis (ECF 11 || No. 1) is granted. Plaintiff is permitted to maintain this action without prepaying the filing 12 || fee or giving security therefor. This order granting IFP status does not extend to the 13 || issuance of subpoenas at government expense. 14 It is further ordered that the Complaint (ECF No. 1-1) be filed. 15 It is further ordered that this action is dismissed with prejudice for failure to state a 16 || claim and because the Court finds amendment would be futile. 17 It is further ordered that Plaintiff's other pending motions (ECF Nos. 7, 8, 10) are 18 || denied as moot. 19 The Clerk of Court is directed to enter judgment accordingly and close this case. 20 DATED THIS 31* day of December 2019. 22 LZ MIRANDA M. DU 23 CHIEF UNITED STATES DISTRICT JUDGE 24 25 26 27 28