Amafa v. State of Nevada ( 2023 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Blake Amafa, Case No.: 2:23-cv-0574-JAD-EJY 4 Plaintiff Order Adopting Report and 5 v. Recommendation 6 State of Nevada, [ECF Nos. 1, 3] 7 Defendant 8 The magistrate judge has reviewed the plaintiff’s filings and recommends that his 9 application to proceed in forma pauperis be denied without prejudice because it is incomplete, 10 and recommends that this action be dismissed because plaintiff’s substantive filing, which is 11 titled “Notice of Removal,” but construed as an attempt to file a complaint, contains no factual 12 allegations in support of any cognizable claim.1 The deadline for the plaintiff to object to that 13 recommendation was May 3, 2023, and the plaintiff did not file anything or ask to extend the 14 deadline to do so. “[N]o review is required of a magistrate judge’s report and recommendation 15 unless objections are filed.”2 Having reviewed the report and recommendation, I find good 16 cause to adopt it, and I do. 17 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 18 [ECF No. 3] is ADOPTED. Plaintiff’s application for leave to proceed in forma pauperis [ECF 19 No. 1] IS DENIED without prejudice to the filing of a new, complete application by May 22, 20 2023. And the plaintiff’s substantive filing is dismissed without prejudice to the plaintiff’s 21 1 ECF No. 3. 22 2 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 23 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 1}| ability to file a proper complaint by May 22, 2023. Sample complaints may be found on the 2|| court’s website at www.nvd.uscourts.gov. If plaintiff fails to file a proper complaint or either 3|| file a complete application to proceed in forma pauperis or pay the filing fee by May 22, 2023, this action may be dismissed and closed without further prior notice. 5 The Clerk of Court is directed to SEND the plaintiff a copy of the court’s IFP 6] application for a non-prisoner. 8 U.S. Distrtettudge Je inifer A. Dorsey Dated: May 10, 2023 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23