Arpino v. Sandoval et al

Filing 8

ORDER ACCEPTING AND ADOPTING 5 REPORT AND RECOMMENDATION. This action is dismissed with prejudice. Clerk instructed to close this case. Signed by Judge Miranda M. Du on 9/29/2014. (Copies have been distributed pursuant to the NEF - DRM) Modified on 9/29/2014 to include directive to close case (DRM).

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10

JOHN FRANCIS ARPINO,

Case No. 3:14-cv-00409-MMD-WGC
Plaintiff,

11
v.

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE WILLIAM G. COBB

12
BRIAN SANDOVAL, et al.,
13
Defendant.
14
15

Before the Court is the Report and Recommendation of United States Magistrate

16

Judge William G. Cobb (dkt. no. 5) (“R&R”) relating to Plaintiff’s filing characterized as “A

17

Federal Criminal Complaint” (dkt. no. 1-1). Plaintiff filed his objection to the R&R on

18

August 15, 2014 (dkt. no. 6).

19

This Court “may accept, reject, or modify, in whole or in part, the findings or

20

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

21

timely objects to a magistrate judge’s report and recommendation, then the court is

22

required to “make a de novo determination of those portions of the [report and

23

recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). In light of Plaintiff’s

24

objection, the Court has engaged in a de novo review to determine whether to adopt

25

Magistrate Judge Cobb’s R&R.

26

The Magistrate Judge recommended dismissing this action with prejudice mainly

27

because Plaintiff cannot initiate a criminal complaint. The Court agrees with the

28

Magistrate Judge. Plaintiff in his objection contends that he seeks to file the criminal

1

complaint as “the relator” “in the name of and on behalf of the government or state.”

2

However, no such private right exists for citizens to bring a criminal complaint on behalf

3

of the United States.

4

It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

5

Recommendation of Magistrate Judge William G. Cobb (dkt. no. 5) be accepted and

6

adopted in its entirety.

7

It is ordered this action is dismissed.

8

The Clerk is instructed to close this case.

9

DATED THIS 29th day of September 2014.

10
11
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2