Hurt v. The United States of America

Filing 12

ORDER adopting ECF No. 5 Report and Recommendation; dismissing without prejudice this case; directing Clerk to close case. Signed by Judge Jennifer A. Dorsey on 5/27/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Tyrone Hurt,
2:16-cv-00132-JAD-NJK

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Plaintiff
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v.
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Order Adopting Report and
Recommendation, Denying Motion for Leave
to Proceed In Forma Pauperis on Appeal, and
Dismissing and Closing Case

The United States of America,
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[ECF No. 5]
Defendant

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After Tyrone Hurt filed an illegible complaint in violation of this district’s local rules,1

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Magistrate Judge Koppe dismissed his complaint without prejudice and ordered him to file a legible

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complaint by March 3, 2016.2 Magistrate Judge Koppe’s order explicitly warned Hurt that failure to

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comply with her order would result in a dismissal recommendation.3 Hurt then submitted two

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applications to proceed in forma pauperis but did not file an amended complaint.4 The magistrate

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judge granted Hurt IFP status but recommends dismissal because there is no operative complaint in

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this case and Hurt failed to comply with her previous order.5

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Hurt appealed Magistrate Judge Koppe’s report and recommendation to the Ninth Circuit

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Court of appeals,6 which promptly dismissed the appeal for lack of jurisdiction.7 But he filed no

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objection to the magistrate judge’s report and recommendation that I dismiss his case, nor did he

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L.R. 10-1

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ECF No. 2.

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Id. at 2.

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ECF Nos. 3, 4.

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ECF No. 5.

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ECF No. 7 (notice of appeal).

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ECF No. 9 (USCA order), ECF No. 11 (order on mandate).

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request an extension of time to do so. “[N]o review is required of a magistrate judge’s report and

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recommendation unless objections are filed.”8 I therefore adopt Magistrate Judge Koppe’s report

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and recommendation in its entirety and dismiss this case without prejudice.

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Conclusion

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Accordingly, IT IS HEREBY ORDERED, that Magistrate Judge Koppe’s report and

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recommendation [ECF No. 5] is ADOPTED. This case is dismissed without prejudice.

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The Clerk of Court is directed to CLOSE THIS CASE.

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Dated this 27th day of May, 2016.

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_________________________________
Jennifer A. Dorsey
United States District Judge

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Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474
U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
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