James J. Sharp v. X Corporation, et al.

Opinion

DISTRICT OF NEVADA James J. Sharp, Case No. 2:25-cv-02252-CDS-NJK

Plaintiff Order Accepting the Magistrate Judge’s Report and Recommendation and v. Dismissing Case

X Corporation, et al.,

Defendants [ECF No. 4] James Sharp initiated this action against the X social media platform and Elon Musk by filing an application to proceed in forma pauperis alongside his complaint. ECF Nos. 1, 1-1. United States Magistrate Judge Nancy J. Koppe screened the complaint under 28 U.S.C. § 1915(e) and issued a report and recommendation (R&R) that I dismiss this case because the “complaint is frivolous and delusional and does not state a claim upon which relief can be granted.” R&R, ECF No. 4. The R&R also notes that 17 U.S.C. § 230, the Communications Decency Act, does not create a private right of action. Id. at 3, n.2. Judge Koppe reasons that “[d]istrict courts have the authority to dismiss cases sua sponte without notice when the plaintiff ‘cannot possibly win relief.’” Id. at 2. (citing Sparling v. Hoffman Constr. Co., 864 F.2d 635, 638 (9th Cir. 1988)). Sharp had until December 17, 2025, to file any specific written objections to the R&R. Id. at 4 (citing Local Rule IB 3-2(a) (stating that parties wishing to object to the magistrate judge’s findings and recommendations must file specific written objections within fourteen days)); see also 28 U.S.C. § 636(b)(1) (same). Here, no objection is filed and the time to do so has passed. The law is clear that “no review is required of a magistrate judge’s report and recommendation unless objections are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge’s R&R where no objections are filed. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 1 Conclusion 2 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 3 [ECF No. 4] is adopted in full. Sharp’s complaint is dismissed without prejudice. The Clerk of Court is kindly directed to enter judgmens accordingly and to close this case. /, } é 6 Dated: December 23, 2025 LZ 8 Cris nay). Silva . U ret States District Judge 9 ll