Chatman v. 7'11 Company et al

Filing 12

ORDER. IT IS HEREBY ORDERED that 11 the Magistrate Judge's Report and Recommendation is ADOPTED in its entirety. Chatman's 1 application to proceed in forma pauperis is DENIED. This case is DISMISSED with prejudice as factually frivolous and for failure to state a plausible claim. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 1/3/2019. (Copies have been distributed pursuant to the NEF - MR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:18-cv-00220-JAD-PAL 4 Eric Chatman, Plaintiff 5 Order Adopting Report & Recommendation and Dismissing Case 6 v. 7 7-11 Company, et al., [ECF Nos. 1, 11 ] Defendants 8 9 California Department of Corrections and Rehabilitation inmate and frequent federal- 10 11 court filer Eric Chatman brings this civil-rights action under 42 U.S.C. § 1983 and moves to 12 proceed in forma pauperis. Magistrate Judge Peggy Leen has reviewed his application, 1 13 complaint, and litigation history and recommends that I deny Chatman’s pauper-status request 2 14 and dismiss this action with prejudice. Any objections to the report and recommendation were due by December 31, 2018, and 15 16 none were filed. “[N]o review is required of a magistrate judge’s report and recommendation 3 17 unless objections are filed.” Having reviewed the R&R, I find good cause to adopt it, and I do. Accordingly, IT IS HEREBY ORDERED that: 18 19 The Magistrate Judge’s Report and Recommendation [ECF No. 11] is 20 ADOPTED in its entirety; 21 Chatman’s application to proceed in forma pauperis [ECF No. 1] is DENIED; 22 23 24 1 ECF No. 1. 25 2 ECF No. 11. 26 3 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). 27 28 1 1 This case is DISMISSED with prejudice as factually frivolous and for failure to 2 state a plausible claim; and 3 The Clerk of Court is directed to ENTER JUDGMENT accordingly and 4 CLOSE THIS CASE. 5 Dated: January 3, 2019 6 ________________ __ _ __ _ _ _ _________________________________ U.S. District Judge Jennifer A. Dorsey Judge Je dg dg Jennifer A. D r 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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