Albanese v. Federal Bureau of Investigations

Filing 4

ORDER that 3 Report and Recommendation is ACCEPTED and ADOPTED. FURTHER ORDERED that 1 Albanese's Application for Leave to Proceed in forma pauperis is DENIED and this case is DISMISSED. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 3/29/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Grace Albanese, 4 Case No.: 2:17-cv-01641-JAD-GWF Plaintiff 5 6 v. 7 Order Adopting Report and Recommendation and Dismissing Case Federal Bureau of Investigations, [ECF Nos. 1, 3] Defendant 8 9 10 On January 16, 2018, Magistrate Judge George Foley recommended denial of pro se 11 plaintiff and vexatious litigant Grace Albanese’s 1 application to proceed in forma pauperis and 12 dismissal of her complaint. 2 Objections to the recommendation were due on January 30, 2018, 13 but that deadline has come and gone without any objection by Albanese. 3 “[N]o review is 14 required of a magistrate judge’s report and recommendation unless objections are filed.” 4 15 Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that 16 Magistrate Judge Foley’s report and recommendation [ECF No. 3] is ACCEPTED and 17 ADOPTED. Albanese’s pauper application [ECF No. 1] is DENIED and this case is 18 DISMISSED. The Clerk of Court is directed to CLOSE THIS CASE. 19 Dated: March 29, 2018. 20 _______________________________ ____________________ _ ___ _ _ __ _ _ U.S. District Judge Jennifer A. Dorsey . District Judge Jennif tr r g n 21 22 23 1 26 3 27 4 Upon recommendation by Magistrate Judge Ferenbach, I declared Grace Albanese a vexatious litigant in one of the 45 frivolous cases that Albanese has filed in this district since March 2016. 24 See Albanese v. Fed. Bureau of Investigation, 2:17-cv-01599-JAD-VCF, ECF No. 7. 25 2 ECF No. 3. See generally docket report case no. 2:17-cv-01641-JAD-GWF. 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). 28 1

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