Rubeo-Vilchis v. Aguilar Herrera

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 ZULEIMA RUBEO-VILCHIS, 5 Plaintiff, Case No. 3:25-CV-00315-ART-CLB 6 v. ORDER ADOPTING REPORT AND 7 EDGAR AGUILAR HERRERA, RECOMMENDATION (ECF No. 6)

8 Defendant.

9 10 Plaintiff Zuleima Rubeo-Vilchis brings this action against Defendant Edgar 11 Aguilar Herrera, asserting a claim under the International Child Abductions 12 Remedies Act (“ICARA”). Before the Court is Magistrate Judge Carla Baldwin’s 13 Report and Recommendation (R&R) (ECF No. 6) recommending granting 14 Plaintiff’s IFP application, filing the case, dismissing the complaint without 15 prejudice, and closing the case. The Court grants the R&R in full. 16 Magistrate judges are empowered to issue reports and recommendations 17 on dispositive issues, which district judges may “accept, reject, or modify, in 18 whole or in part.” 28 U.S.C. § 636(b)(1)(C). Where, as here, neither party objects 19 to a magistrate judge's recommendation, the district court is not required to 20 perform any review of that judge's conclusions. See Thomas v. Arn, 474 U.S. 140, 21 150 (1985). 22 Judge Baldwin held that ICARA allows for claims to be filed in a court 23 having jurisdiction where the child is located. (See ECF No. 6 at 4.) Plaintiff 24 alleged that Defendant has moved her children to Mexico. (Id.) This Court, 25 accordingly, lacks jurisdiction to hear the claim. (Id.) 26 Plaintiff has not objected to Judge Baldwin’s R&R, and her time to do so 27 has now expired. The Court agrees with Judge Baldwin’s reasoning and adopts 28 her R&R in full. 1 || Conclusion 2 It is therefore ordered that Judge Baldwin’s report and recommendation 3 || (ECF No. 6) be adopted. 4 It is further ordered that Plaintiff's application to proceed in forma pauperis 5 || is granted. 6 It is further ordered that the Clerk file Plaintiffs complaint. 7 It is further ordered that Plaintiffs complaint (ECF No. 1-1) be dismissed 8 || without prejudice and that the case be closed. 9 10 DATED: July 15, 2025 11 12 13 Ans jlosed 1m 14 ANNE R. TRAUM 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28