Stelzer v. Teleperformance USA

• Court: District Court, D. Nevada
• Decided: December 28, 2022
• Docket: 3:22-cv-00425
• Status: Unknown

Opinion

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 JORDAN CONNER STELZER, Case No. 3:22-cv-00425-MMD-CLB

7 Plaintiff, ORDER v. 8 TELEPERFORMANCE USA, 9 Defendant. 10 11 Pro se Plaintiff Jordan Conner Stelzer sued Defendant Teleperformance USA for 12 employment discrimination (ECF No. 1-1). Before the Court is the Report and 13 Recommendation (“R&R”) of United States Magistrate Judge Carla L. Baldwin (ECF No. 14 6), recommending that the Court dismiss the case without prejudice. Stelzer’s objection 15 to the R&R was due December 12, 2022. To date, Stelzer has not objected to the R&R. 16 For this reason, and as explained below, the Court will adopt the R&R in full and dismiss 17 the case. 18 Because there was no objection, the Court need not conduct de novo review, and 19 is satisfied that Judge Baldwin did not clearly err. See United States v. Reyna-Tapia, 328 20 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 21 recommendations is required if, but only if, one or both parties file objections to the 22 findings and recommendations.”) (emphasis in original). Judge Baldwin provided Stelzer 23 multiple opportunities to file a new application to proceed in forma pauperis (“IFP 24 Application”) or pay the full filing fee. (ECF Nos. 3, 5.) Despite Judge Baldwin’s warning 25 that Stelzer’s failure to comply with the order may result in dismissal of his case, Stelzer 26 did not pay the filing fee, file a fully complete long form IFP Application by November 21, 27 2022, or otherwise respond to Judge Baldwin’s October 21, 2022, order. (ECF No. 5.) 28 See Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987); Ferdik v. Bonzelet, 1 || 963 F.2d 1258, 1262 (9th Cir. 1992). Accordingly, the Court adopts Judge Baldwin’s R&R 2 || in full and dismisses the case without prejudice. 3 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 4 || No. 6) is accepted and adopted in full. 5 It is further ordered that Stelzer’s IFP Application (ECF No. 1) is denied as moot. 6 It is further ordered that this action is dismissed without prejudice. 7 The Clerk of Court is directed to enter judgment accordingly and close this case. 8 DATED THIS 28" Day of December 2022.

10 MIRANDA 4 CHIEF UNITED STATES DISTRICT JUDGE

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