Amafa v. State of Nevada

Opinion

Blake Amafa, Case No.: 2:23-cv-0574-JAD-EJY

Plaintiff Order Adopting Report and v. Recommendation

State of Nevada, [ECF Nos. 1, 3]

Defendant

The magistrate judge has reviewed the plaintiff’s filings and recommends that his application to proceed in forma pauperis be denied without prejudice because it is incomplete, and recommends that this action be dismissed because plaintiff’s substantive filing, which is titled “Notice of Removal,” but construed as an attempt to file a complaint, contains no factual allegations in support of any cognizable claim.1 The deadline for the plaintiff to object to that recommendation was May 3, 2023, and the plaintiff did not file anything or ask to extend the deadline to do so. “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”2 Having reviewed the report and recommendation, I find good cause to adopt it, and I do. IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation [ECF No. 3] is ADOPTED. Plaintiff’s application for leave to proceed in forma pauperis [ECF No. 1] IS DENIED without prejudice to the filing of a new, complete application by May 22, 2023. And the plaintiff’s substantive filing is dismissed without prejudice to the plaintiff’s 1 ECF No. 3. 2 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 1} ability to file a proper complaint by May 22, 2023. Sample complaints may be found on the court’s website at www.nvd.uscourts.gov. If plaintiff fails to file a proper complaint or either 3 file a complete application to proceed in forma pauperis or pay the filing fee by May 22, 2023, this action may be dismissed and closed without further prior notice. 5 The Clerk of Court is directed to SEND the plaintiff a copy of the court’s IFP 6] application for a non-prisoner.

8 U.S. Distrtettudge Je inifer A. Dorsey Dated: May 10, 2023 9 1]