Halleman v. Union Pacific Railroad et al

Filing 5

ORDER - Judge Baldwin's Report and Recommendation (ECF No. #4 ) is accepted and adopted in full. Halleman's IFP Application (ECF No. #1 ) is granted. The Clerk of Court is directed to file the Complaint (ECF No. #1 -1). This case is dismissed with prejudice. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 9/16/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:22-cv-00345-MMD-CLB Document 5 Filed 09/16/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CUTTER FURZE HALLEMAN,
Plaintiff,

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Case No. 3:22-cv-00345-MMD-CLB
ORDER

v.
UNION PACIFIC RAILROAD, et al.,
Defendants.

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Pro se Plaintiff Cutter Furze Halleman brings this action against Defendants under

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42 U.S.C. § 1983. (ECF No. 1-1.) Before the Court is the Report and Recommendation

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(“R&R”) of United States Magistrate Judge Carla L. Baldwin (ECF No. 4), recommending

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that the Court grant Halleman’s application to proceed in forma pauperis (ECF No. 1 (“IFP

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Application”)), and dismiss the case with prejudice because Halleman failed to state any

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colorable claims in his Complaint (ECF Nos. 1-1, 4). Halleman’s objection to the R&R was

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due September 7, 2022. To date, no objection has been filed. For this reason, and as

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explained below, the Court adopts the R&R in full.

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

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

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fails to object to a magistrate judge’s recommendation, the Court is not required to

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conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas

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v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,

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1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and

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recommendations is required if, but only if, one or both parties file objections to the

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findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory

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Case 3:22-cv-00345-MMD-CLB Document 5 Filed 09/16/22 Page 2 of 2

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Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no

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clear error on the face of the record in order to accept the recommendation.”).

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Because there was no objection, the Court need not conduct de novo review, and

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is satisfied that Judge Baldwin did not clearly err. To start, Halleman’s IFP Application will

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be granted because he is unable to pay the filing fee. (ECF Nos. 1, 3.) See 28 U.S.C. §

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1915(a)(1); Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc). Second,

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Judge Baldwin correctly found that Halleman’s Complaint is incomprehensible, confusing,

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and contains conclusory and vague statements. (ECF Nos. 1-1, 4.) The Court is unable

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to identify the legal or factual basis for his claims, and the relief sought. See Fed. R. Civ.

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P. 8(a) (“A pleading that states a claim for relief must contain . . . a short and plain

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statement of the claim showing that the pleader is entitled to relief . . . [and] a demand for

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the relief sought”); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Accordingly, the

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Court will adopt Judge Baldwin’s R&R in full and dismiss the case with prejudice, as

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amendment would be futile. See Cato v. United States, 70 F.3d 1103, 1107 (9th Cir.

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1995).

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It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF
No. 4) is accepted and adopted in full.

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It is further ordered that Halleman’s IFP Application (ECF No. 1) is granted.

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The Clerk of Court is directed to file the Complaint (ECF No. 1-1).

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It is further ordered that this case is dismissed with prejudice.

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The Clerk of Court is directed to enter judgment accordingly and close this case.

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DATED THIS 16th Day of September 2022.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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