Olsen v. Reno, NV ( 2023 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 HILARY CARYN OLSEN, Case No. 3:23-cv-00334-MMD-CLB 7 Plaintiff, ORDER v. 8 RENO, NV, et al., 9 Defendants. 10 11 Pro se Plaintiff Hilary Caryn Olsen brings this action against Defendants under 42 12 U.S.C. § 1983. (ECF No. 1-2 (“Complaint”).) Before the Court is the Report and 13 Recommendation (“R&R”) of United States Magistrate Judge Carla L. Baldwin, 14 recommending that the Court grant Plaintiff’s application to proceed in forma pauperis 15 (ECF No. 1 (“IFP Application”)) and dismiss her Complaint with prejudice. (ECF No. 4.) 16 Plaintiff’s objection to the R&R was due July 26, 2023. To date, Plaintiff has not objected 17 to the R&R. For this reason, and as explained below, the Court adopts the R&R in full 18 and dismisses this case with prejudice. 19 Because there was no objection, the Court need not conduct de novo review, and 20 is satisfied that Judge Baldwin did not clearly err. See United States v. Reyna-Tapia, 328 21 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 22 recommendations is required if, but only if, one or both parties file objections to the 23 findings and recommendations”) (emphasis in original). To start, Judge Baldwin correctly 24 found that the Court should grant Plaintiff’s IFP Application because she is unable to pay 25 the filing fee. (ECF No. 1.) See 28 U.S.C. § 1915(a)(1); Lopez v. Smith, 203 F.3d 1122, 26 1129 (9th Cir. 2000). Judge Baldwin also correctly concluded that the Complaint should 27 be dismissed because it is incomprehensible, confusing, and contains conclusory and 1 || basis for her claims, and the relief sought. (/d. at 4.) See Fed. R. Civ. P. 8(a) (“A pleading 2 || that states a claim for relief must contain ... a short and plain statement of the claim 3 || showing that the pleader is entitled to relief . . . [and] a demand for the relief sought”); Bell 4 || Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Accordingly, the Court adopts Judge 5 || Baldwin’s R&R in full. 6 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 7 || No. 4) is accepted and adopted in full. 8 It is further ordered that Plaintiff's application to proceed in forma pauperis (ECF Q || No. 1) is granted. 10 It is further ordered that this case is dismissed with prejudice, as amendment is 11 || futile. 12 The Clerk of Court is directed to file the Complaint (ECF No. 1-2). 13 The Clerk of Court is directed to enter judgment accordingly and close this case. 14 DATED THIS 31* Day of July 2023. 16 RANDA M. DU — 17 CHIEF UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28