Fulkerson v. Allstate Insurance

• Court: District Court, D. Nevada
• Decided: April 7, 2020
• Docket: 3:19-cv-00729
• Status: Unknown

Opinion

2 3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 LARRY MICHAEL FULKERSON, Case No. 3:19-cv-00729-MMD-CLB

7 Plaintiff, ORDER v. 8 ALLSTATE INSURANCE, et al., 9 Defendants. 10 11 Heath Vincent Fulkerson brings this pro se civil rights action in the name of 12 deceased Plaintiff Larry Michael Fulkerson (“Fulkerson”) under 42 U.S.C. § 1983 (see 13 ECF No. 1-2 at 4; ECF No. 1-1). Before the Court is the Report and Recommendation 14 (“R&R”) of Magistrate Judge Carla L. Baldwin, concerning the application to proceed in 15 forma pauperis (“IFP Application”) (ECF No. 1) and pro se complaint (“Complaint”) (ECF 16 No. 1-1). (ECF No. 3.) Any objection to the R&R was due by April 6, 2020, but none has 17 been filed. The Court will accept the R&R in full. 18 This Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 20 fails to object to a magistrate’s recommendation, the Court is not required to conduct “any 21 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 22 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 23 2003) (“De novo review of the magistrate judges’ findings and recommendations is 24 required if, but only if, one or both parties file objections to the findings and 25 recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory Committee Notes 26 (1983) (providing that the court “need only satisfy itself that there is no clear error on the 27 face of the record in order to accept the recommendation”). 28 /// 1 The Court finds it unnecessary to engage in de novo review to determine whether 2 || to adopt Judge Baldwin’s R&R and is satisfied that there is no clear error. Here, Judge 3 || Baldwin recommends granting the IFP Application due to Fulkerson’s inability to pay the 4 || filing fee and that the Court dismiss this action with prejudice because (1) Fulkerson, as a 5 || deceased individual (see ECF Nos. 1-5, 1-6), is not a proper party to this action and (2) 6 || this case is duplicative of another case filed in this Court—Case No. 3:19-cv-00710-RCJ- 7 || WGC. (ECF No. 3 at 3-4.) As the Court finds no clear error on the face of the record before 8 || it, the Court will accept and adopt the R&R in full. 9 Itis therefore ordered, adjudged and decreed that the Report and Recommendation 10 || of Magistrate Judge Carla L. Baldwin (ECF No. 3) is accepted and adopted in its entirety. 11 It is further order that the IFP Application (ECF No. 1) is granted. 12 It is further ordered that the Clerk of the Court file the Complaint (ECF No. 1-1). 13 It is further ordered that the Complaint is dismissed with prejudice and without leave 14 || to amend for the reasons stated herein. 15 It is further ordered that the Clerk enter judgment accordingly and close this case. 16 DATED THIS 7* day of April 2020. 17 ~ 18 ASQ MIRANDA M. DU 19 CHIEF UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28