Johnson v. Wells Fargo

Opinion

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5 UNITED STATES DISTRICT COURT AT TACOMA 7 BRENDA M. JOHNSON, CASE NO. C21-5212 BHS 8 Plaintiff, ORDER 9 v. 11 Defendant. 12

13 THIS MATTER is before the Court on Magistrate Judge Creatura’s Report and 14 Recommendation (“R&R”), Dkt. 7, recommending that the Court deny Plaintiff Brenda 15 Johnson’s Motion for Leave to proceed in forma pauperis, Dkt. 5, and dismiss her 16 proposed complaint without prejudice. 17 Judge Creatura had previously concluded that Johnson had failed to state a 18 plausible claim and ordered her to file a proposed amended complaint by August 16, 19 2021. Dkt. 6. She did not do so, and the R&R recommends dismissing the case without 20 prejudice. 21 22 1 Johnson has not Objected to the R&R under Rule 72. She instead sought to 2 untimely file an amended complaint on September 9, 2021, Dkt. 8, and moved to recuse 3 Judge Creatura, Dkt. 10.

4 A district judge must determine de novo any part of a magistrate judge’s proposed 5 disposition that has been properly objected to. The district judge may accept, reject, or 6 modify the recommended disposition; receive further evidence; or return the matter to the 7 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3). A proper objection requires 8 specific written objections to the findings and recommendations in the R&R. United

9 States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Objections to a 10 R&R are not a vehicle to relitigate the same arguments carefully considered and rejected 11 by the magistrate judge. See, e.g., Fix v. Hartford Life & Accident Ins. Co., CV 16–41– 12 M–DLC–JCL, 2017 WL 2721168, at *1 (D. Mont. June 23, 2017) (collecting cases) 13 Plaintiff Johnson did not object to the R&R, and she did not timely file a proposed

14 amended complaint stating a plausible claim. The R&R, Dkt. 7, is therefore ADOPTED 15 and this matter is DISMISSED without prejudice. The pending motion, Dkt. 10, is 16 DENIED as moot. 17 The Clerk shall enter a JUDGMENT and close the case.

19 Dated this 14th day of September, 2021. A 20 21 BENJAMIN H. SETTLE 22 United States District Judge