Swint v. Central Intelligence Agency

Filing 5

ORDER - IT IS THEREFORE ORDERED that Magistrate Judge Couvillier's report and recommendation ECF No. 4 is ADOPTED in full. This action is dismissed. The Clerk of Court is kindly instructed to close this case. Signed by Judge Cristina D. Silva on 5/10/2024. (Copies have been distributed pursuant to the NEF - GA)

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1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 Robert James Swint, Plaintiff 5 6 Case No. 2:24-cv-00339-CDS-MDC v. 7 Central Intelligence Agency, Defendant 8 Order Adopting the Magistrate Judge’s Report and Recommendation and Closing Case [ECF No. 4] 9 10 Pro se plaintiff Robert Swint brings this lawsuit alleging that defendant Central 11 Intelligence Agency conducted underground, undercover operations. ECF No. 1-1. Swint 12 submitted a short form application to proceed in forma pauperis (IFP). ECF No. 1. However, 13 Magistrate Judge Maximiliano D. Couvillier III could not determine Swint’s IFP status based on 14 the information he provided in the short form application and denied the IFP application. Order, 15 ECF No. 3. Judge Couvillier ordered Swint to file a long form IFP application to help determine 16 whether he qualified for IFP status. Id. Swint did not file the long-form application by the 17 deadline. 18 On April 19, 2024, Judge Couvillier issued a Report and Recommendation (R&R), 19 recommending that I dismiss this action. R&R, ECF No. 4. Swint had until May 3, 2024 to file 20 objections to the R&R. 28 U.S.C. § 636(b)(1); LR IB 3-2(a) (stating that parties wishing to object 21 to an R&R must file objections within fourteen days). Swint has neither objected to the R&R nor 22 complied with the court’s order by filing a long-form IFP application. Although no review of 23 Judge Couvillier’s R&R is required because Swint failed to file any objections, I nonetheless 24 reviewed the R&R. See Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“[n]o review 25 is required of a magistrate judge’s report and recommendation unless objections are filed”); see also 26 Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 1 2003). I find no error in Judge Couvillier’s findings, especially since Swint failed to comply with 2 this court’s order—which warrants dismissal. See Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th 3 Cir. 1987) (affirming dismissal for failure to comply with court order). As such, I adopt the R&R 4 in its entirety. Conclusion 5 6 IT IS THEREFORE ORDERED that Magistrate Judge Couvillier’s report and 7 recommendation [ECF No. 4] is ADOPTED in full. 8 This action is dismissed. The Clerk of Court is kindly instructed to close this case. 9 Dated: May 10, 2024 10 11 12 Cristina D. Silva United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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