Scales v. Las Vegas Police Department

Filing 5

ORDER DISMISSING CASE. IT IS ORDERED that 4 Report of Findings andRecommendation is accepted and adopted in its entirety. IT IS ORDERED that 3 Application to proceed in Forma Pauperis is DENIED. IT IS FURTHER ORDERED that this case is dismissed without prejudice. The Clerk is instructed to enter judgment accordingly. Signed by Judge Miranda M. Du on 5/20/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANNIE M. SCALES,

Case No. 2:15-cv-00355-MMD-PAL
Plaintiff,

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v.
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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE PEGGIE A. LEEN

Defendants.

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Before the Court is the Report of Findings and Recommendation of United States

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Magistrate Judge Peggie A. Leen (dkt. no. 4) (“R&R”) relating to plaintiff’s application to

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proceed in forma pauperis (dkt. no. 1). Plaintiff had until May 17, 2015, to object to the

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R&R. No objection has been filed.

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

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timely objects to a magistrate judge’s report and recommendation, then the court is

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required to “make a de novo determination of those portions of the [report and

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recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails

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to object, however, the court is not required to conduct “any review at all . . . of any issue

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that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).

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Indeed, the Ninth Circuit has recognized that a district court is not required to review a

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magistrate judge’s report and recommendation where no objections have been filed. See

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United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard

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of review employed by the district court when reviewing a report and recommendation to

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which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the

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view that district courts are not required to review “any issue that is not the subject of an

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objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then

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the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.

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Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to

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which no objection was filed).

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Nevertheless, this Court finds it appropriate to engage in a de novo review to

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determine whether to adopt Magistrate Judge Leen’s R&R. The Magistrate Judge

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recommended denying the application to proceed in forma pauperis and dismissing the

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action without prejudice to the Plaintiff’s ability to commence a new action in which she

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either pays the appropriate filing fee in full or submits a completed application to proceed

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in forma pauperis. Upon reviewing the R&R and records in this case, this Court finds

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good cause to adopt the Magistrate Judge’s R&R in full.

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It is therefore ordered, adjudged and decreed that the Report of Findings and

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Recommendation of Magistrate Judge Peggie A. Leen (dkt. no. 4) is accepted and

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adopted in its entirety.

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It is ordered that Plaintiff’s Application to Proceed In Forma Pauperis (dkt. no. 3)
is denied.

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It is further ordered that this case is dismissed without prejudice to the Plaintiff’s

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ability to commence a new action in which she either pays the appropriate filing fee in full

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or submits a completed application to proceed in forma pauperis.

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The Clerk is instructed to enter judgment accordingly.

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DATED THIS 20th day of May 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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