Allen v. Bone et al

Filing 8

ORDER. IT IS ORDERED that 7 the Magistrate Judge's Report and Recommendation is ADOPTED in its entirety and Allen's 6 third IFP application is DENIED without leave to file a fourth one. Allen has until 1/25/2021 to pay the full $ 400 filing fee. If he fails to pay the full $400 filing fee by that deadline, this case will be dismissed and closed without further prior warning. Signed by Judge Jennifer A. Dorsey on 1/5/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:20-cv-01576-JAD-DJA Document 8 Filed 01/05/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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4 Markqwon Allen,
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Plaintiff

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7

v.

8 Austin Bone, et al.,

Case No.: 2:20-cv-01576-JAD-DJA

Order Adopting Report &
Recommendation, Denying Third IFP
Motion, and Directing Plaintiff to Pay the
Filing Fee
[ECF Nos. 6, 7]

Defendants

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10
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Having denied Plaintiff Markqwon Allen’s first two applications to proceed in forma

12 pauperis (IFP) with instructions for curing the deficiencies, 1 the magistrate judge considered
13 Allen’s third application. 2 Finding this third try still inadequate because it is missing the
14 required inmate statement and a complaint for screening, the magistrate judge recommends that I
15 deny the motion and order Allen to pay the filing fee if he wants to proceed with this case. 3 The
16 deadline for the plaintiff to object to that recommendation was December 30, 2020, and the
17 plaintiff neither filed objections nor moved to extend the deadline to do so. “[N]o review is
18 required of a magistrate judge’s report and recommendation unless objections are filed.”4
19 Having reviewed the R&R, I find good cause to adopt it, and I do.
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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and

21 Recommendation [ECF No. 7] is ADOPTED in its entirety and Allen’s third IFP application
22 [ECF No. 6] is DENIED without leave to file a fourth one. Allen has until January 25, 2021,
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1

ECF Nos. 3, 5 (orders).

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2

ECF No. 6.

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3

ECF No. 7.

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4

Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474
28 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

Case 2:20-cv-01576-JAD-DJA Document 8 Filed 01/05/21 Page 2 of 2

1 to pay the full $400 filing fee. If he fails to pay the full $400 filing fee by that deadline, this
2 case will be dismissed and closed without further prior warning.
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_________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: January 5, 2021