Campbell Sr v. Regional Justice Crt et al

Filing 5

ORDER. IT IS ORDERED that 4 Judge Ferenbach's R&R be, and the same hereby is, ADOPTED. IT IS FURTHER ORDERED that the matter of Campbell Sr. v. Regional Justice Center, et al., case number 2:17-cv-01446-JCM-VCF, be, and the same hereby is, DISMISSED. Signed by Judge James C. Mahan on 7/24/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-01446-JCM-VCF Document 5 Filed 07/24/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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NATHAN CAMPBELL SR.,

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Case No. 2:17-CV-1446 JCM (VCF)
Plaintiff(s),

ORDER

v.
REGIONAL JUSTICE CENTER, et al.,

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Defendant(s).

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Presently before the court is the matter of Campbell Sr. v. Regional Justice Center, et al.,

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case number 2:17-cv-01446-JCM-VCF. Pro se plaintiff Nathan Campbell Sr filed this acion on

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May 17, 2017. (ECF No. 1). However, plaintiff did not pay the filing fee, nor did he apply to

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proceed in forma pauperis, as this court advised him to do. (ECF No. 2).

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On May 6, 2020, Magistrate Judge Cam Ferenbach instructed plaintiff to either pay the

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filing fee or file an in forma pauperis application on or before June 5, 2020. (ECF No. 3). Judge

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Ferenbach warned plaintiff that failure to do so could result in dismissal. Id. Judge Ferenbach

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now recommends dismissing this action. (ECF No. 4).

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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.” 28 U.S.C. § 636(b)(1). Where a party timely objects

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to a magistrate judge’s report and recommendation, then the court is required to “make a de novo

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determination of those portions of the [report and recommendation] to which objection is made.”

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28 U.S.C. § 636(b)(1).

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Where a party fails to object, however, the court is not required to conduct “any review at

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all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149

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(1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a

James C. Mahan
U.S. District Judge

Case 2:17-cv-01446-JCM-VCF Document 5 Filed 07/24/20 Page 2 of 2

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

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

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employed by the district court when reviewing a report and recommendation to which no

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objections were made).

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Because plaintiff did not object to Judge Ferenbach’s recommendation, the court may

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properly adopt it without review. Nevertheless, this court conducted a de novo review to determine

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whether to adopt the recommendation of the magistrate judge.

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recommendation and attendant circumstances, this court finds good cause to adopt the magistrate

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judge’s findings in full.

Upon reviewing the

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judge Ferenbach’s R&R

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(ECF No. 4) be, and the same hereby is, ADOPTED.
IT IS FURTHER ORDERED that the matter of Campbell Sr. v. Regional Justice Center,
et al., case number 2:17-cv-01446-JCM-VCF, be, and the same hereby is, DISMISSED.

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The clerk is instructed to close the case accordingly.

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DATED July 24, 2020.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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