Gonzalas v. Logan et al

Filing 6

ORDER.IT IS HEREBY ORDERED, ADJUDGED, and DECREED that 5 the magistrate judge's report and recommendation is ADOPTED. This case is DISMISSED without prejudice. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 1/4/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Alexander Gonzalas,

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Plaintiff

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v.

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Geordan Logan, et al.,

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Defendants

2:16-cv-02273-JAD-NJK
Order Adopting Report and
Recommendation and Dismissing and
Closing Case
[ECF No. 5]

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Pro se pretrial detainee Alexander Gonzalas brings this § 1983 action against two public

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defenders who appear to be currently representing Gonzalas in Nevada state court. Magistrate Judge

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Koppe has twice denied Gonzalas’s application to proceed informa pauperis without prejudice

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because the financial certificate contained incorrect numbers as compared to Gonzalas’s inmate trust

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account. The magistrate judge ordered Gonzalas to file a third application to proceed in forma

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pauperis that corrected these deficiencies by November 30, 2016. Gonzalas has not filed an IFP

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application or requested an extension to do so. Magistrate Judge Koppe now recommends that I

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dismiss this case without prejudice based on Gonzalas’s failure to file a proper IFP application.

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“[N]o review is required of a magistrate judge’s report and recommendation unless objections are

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filed.”1 Objections to the magistrate judge’s report and recommendation were due by December 28,

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2016, and Gonzalas has not filed an objection or requested an extension to do so.

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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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Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED,

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ADJUDGED, and DECREED that the magistrate judge’s report and recommendation [ECF No. 5] is

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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 4th day of January, 2017.

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_________________________________
______________________
_ ___ _ _ __ __
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Jennifer A. Dorsey
nnifer Dorsey
fe
fe
United States District Judge
nited States
d ta
tate
ct Judge
t ud