Curtis v. The Hughes Corporation

Filing 4

ORDER Adopting #3 Report and Recommendation and Denying as moot #1 Motion/Application for Leave to Proceed in forma pauperis. The [1-1] Complaint is DISMISSED. The Clerk is instructed to close this case. Signed by Judge Andrew P. Gordon on 1/8/2021. (Copies have been distributed pursuant to the NEF - DRS) Modified text on 1/11/2021 (SLD).

Case 2:20-cv-02133-APG-DJA Document 4 Filed 01/08/21 Page 1 of 1

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 THOMAS W. CURTIS,
4

Plaintiff

Case No.: 2:20-cv-02133-APG-DJA
Order Accepting Report and
Recommendation

5 v.
[ECF No. 3]
6 THE HUGHES CORPORATION,
7
8

Defendant
On December 17, 2020, Magistrate Judge Albregts recommended that I dismiss plaintiff

9 Thomas Curtis’s complaint with prejudice because the complaint is frivolous. ECF No. 3. He
10 also recommends that I deny as moot Curtis’s application to proceed in forma pauperis. Id.
11 Curtis did not object. Thus, I am not obligated to conduct a de novo review of the report and
12 recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo
13 determination of those portions of the report or specified proposed findings to which objection is
14 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the
15 district judge must review the magistrate judge’s findings and recommendations de novo if
16 objection is made, but not otherwise” (emphasis in original)).
17

I THEREFORE ORDER that Magistrate Judge Albregts’ report and recommendation

18 (ECF No. 3) is accepted, plaintiff Thomas Curtis’s complaint (ECF No. 1-1) is DISMISSED, and
19 his application to proceed in forma pauperis (ECF No. 1) is DENIED as moot. The clerk of
20 court is instructed to close this case.
21

DATED this 8th day of January, 2021.

22
23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE