Curtis v. Harbor Island Apts

Filing 4

ORDER. IT IS ORDERED that #3 Magistrate Judge Koppe's report and recommendation is accepted, plaintiff Thomas Curtiss complaint #1 -1 is DISMISSED with prejudice, and plaintiff Thomas Curtis's #1 motion for leave to proceed in forma pauperis is DENIED as moot. Signed by Judge Andrew P. Gordon on 1/6/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:20-cv-02066-APG-NJK Document 4 Filed 01/06/21 Page 1 of 1

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 THOMAS W. CURTIS,

Case No.: 2:20-cv-02066-APG-NJK

4

Plaintiff

Order Accepting Report and
Recommendation and Dismissing
Complaint with Prejudice

6 HARBOR ISLAND APTS,

[ECF No. 3]

5 v.

7
8

Defendant
On December 16, 2020, Magistrate Judge Koppe recommended that I dismiss plaintiff

9 Thomas Curtis’s complaint with prejudice because the complaint is frivolous and delusional.
10 ECF No. 3. Curtis did not object. Thus, I am not obligated to conduct a de novo review of the
11 report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo
12 determination of those portions of the report or specified proposed findings to which objection is
13 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the
14 district judge must review the magistrate judge’s findings and recommendations de novo if
15 objection is made, but not otherwise” (emphasis in original)).
16

I THEREFORE ORDER that Magistrate Judge Koppe’s report and recommendation

17 (ECF No. 3) is accepted, plaintiff Thomas Curtis’s complaint (ECF No. 1-1) is DISMISSED
18 with prejudice, and plaintiff Thomas Curtis’s motion for leave to proceed in forma pauperis
19 (ECF No. 1) is DENIED as moot. The clerk of court is instructed to enter judgment accordingly
20 and to close this case.
21

DATED this 6th day of January, 2021.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE