Jr Thomas v. LVMPD et al

Filing 11

ORDER that the Magistrate Judge's 7 Report and Recommendation is Adopted. Plaintiff's 4 Motion/Application for Leave to Proceed in forma pauperis is Denied as moot and this case is Dismissed with prejudice. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Judge Jennifer A. Dorsey on 3/8/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Mark Thomas, Jr.,
2:16-cv-3019-JAD-NJK

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Plaintiff

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v.

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Las Vegas Metropolitan Police Department, et al.,

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Defendant

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Order Adopting Report and
Recommendation, Denying as Moot
Application to Proceed in forma
pauperis, and Dismissing and Closing
Case
[ECF Nos. 4, 7]

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On January 26, 2017, Magistrate Judge Nancy Koppe ordered plaintiff Mark Thomas, who is

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attempting to proceed in forma pauperis, to show cause why this case should not be dismissed under

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28 U.S.C. § 1915(e)(2), which requires dismissal if the court determines at any time that “the

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allegation of poverty is untrue.”1 Thomas filed no response, so the magistrate judge concludes that

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Thomas’s allegation of poverty is untrue because the application in this case provides financial

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information radically different than what he provided in another case only a few months ago and is

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also internally inconsistent. She recommends dismissal with prejudice. “[N]o review is required of

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a magistrate judge’s report and recommendation unless objections are filed.”2 Objections to the

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magistrate judge’s report and recommendation were due by February 27, 2017, and no objections

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have been filed.3 Accordingly,

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IT IS HEREBY ORDERED that the magistrate judge’s report and recommendation [ECF
No. 7] is ADOPTED, plaintiff’s application to proceed in forma pauperis [ECF No. 4] is

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ECF No. 5.

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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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Thomas’s mail has also twice been returned as undeliverable, which constitutes separate grounds
for dismissal with prejudice. See Local Special Rule 2-2.
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DENIED as moot, and this case is DISMISSED with prejudice.
IT IS FURTHER ORDERED that the Clerk of Court is directed to ENTER JUDGMENT
accordingly and CLOSE THIS CASE.
Dated this 8th day of March, 2017.
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______________________
_ ________ _ _
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Jennifer A. Dorsey
nifer A Dorsey
fe
e
se
e
United States District Judge
ited States
tate
t Judge
ud

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