Belssner v. Autodynamics et al

Filing 3

ORDER. IT IS HEREBY ORDERED that 2 the Report and Recommendation is ADOPTED in full. IT IS FURTHER ORDERED that 1 the Application for Leave to Proceed In Forma Pauperisis DENIED and the complaint is dismissed without prejudice. Signed by Chief Judge Gloria M. Navarro on 3/21/17. (Copies have been distributed pursuant to the NEF - ADR)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 CHARLES N. BELSSNER, 4 5 6 Plaintiff, vs. AUTODYNAMICS., 7 8 Defendant. 9 ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-2128-GMN-PAL ORDER 10 11 Pending before the Court is the Report and Recommendation of United States 12 Magistrate Judge Peggy A. Leen, (ECF No. 2), which states that Plaintiff Charles N. Belssner’s 13 (“Plaintiff’s”) Application to Proceed In Forma Pauperis, (ECF No. 1), be denied and that the 14 complaint be dismissed without prejudice due to a lack of subject matter jurisdiction. 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 17 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made. Id. The Court may accept, reject, 19 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 20 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 21 not required to conduct “any review at all . . . of any issue that is not the subject of an 22 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 23 that a district court is not required to review a magistrate judge’s report and recommendation 24 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 25 1122 (9th Cir. 2003). Page 1 of 2 1 Here, no objections were filed, and the deadline to do so has passed. 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 2), is 4 5 6 ADOPTED in full. IT IS FURTHER ORDERED that the Application for Leave to Proceed In Forma Pauperis, (ECF No. 1), is DENIED and the complaint is dismissed without prejudice. 7 8 21 DATED this ___ day of March, 2017. 9 10 11 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?