Anaeme v. United States of America et al
Filing
7
ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 5 . Accordingly, plaintiff's motion to proceed in forma pauperis 1 is granted, and the Complaint 2 is dismissed in its entirety with prejudice. Plaintiffs motion for appointment of counsel 3 is denied as moot. See 2-page order attached. Signed on 11/4/2011 by Judge Marco A. Hernandez. (mr)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
CHIBUEZE C. ANAEME,
Plaintiff,
No.3:11-cv-1161-ST
v.
UNITED STATES OF AMERICA,
et aI.,
ORDER
Defendants.
HERNANDEZ, District Judge:
Magistrate Judge Stewart issued a Findings and Recommendation (#5) on October 7,
2011, in which she recommends that this Court grant plaintiffs application to proceed informa
pauperis, but dismiss his Complaint with prejudice because it fails to state a claim and is
frivolous. The matter is now before me pursuant to 28 U.S.C. ยง 636(b)(1)(B) and Federal Rule
of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were
timely filed, I am relieved of my obligation to review the record de novo. United States v.
1- ORDER
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane); see also United States v. Bernhardt,
840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge's report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#5).
Accordingly, plaintiffs motion to proceed in Jorma pauperis [1] is granted, and the Complaint
[2] is dismissed in its entirety with prejudice. Plaintiffs motion for appointment of counsel [3] is
denied as moot.
IT IS SO ORDERED.
DATED this
2 - ORDER
-1-
day of
/J(}vJ
,2011.
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