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. Signed on 4/16/2012 by Judge Marco A. Hernandez. (tll)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

CHIBUEZE C. ANAEME,
Plaintiff,

No. 3:12-cv-418-ST

v.
UNITED STATES OF AMERICA,
et al.,

ORDER

Defendants.
HERNANDEZ, District Judge:
Magistrate Judge Stewart issued a Findings and Recommendation (#5) on March 14,
2011, in which she recommends that this Court grant plaintiff's application to proceed in forma
pauperis, but dismiss his Complaint with prejudice because it fails to state a claim, seeks
monetary relief against defendants who are immune, and is frivolous. The matter is now before
me pursuant to 28 U.S.C. § 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 banc); 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, plaintiff's motion to proceed in forma pauperis [1] is granted, and the Complaint
[2] is dismissed in its entirety with prejudice.
IT IS SO ORDERED.
DATED this 16th day of April, 2012.

s/Marco A. Hernandez
MARCO A. HERNANDEZ
United States District Judge

2 - ORDER