Tutankhaman v. Boulware II

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

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4 KING MICHAEL TUTANKHAMAN, Case No.: 2:22-cv-01504-APG-EJY

5 Plaintiff, Order Accepting Report and Recommendation and Dismissing Case v. 6 [ECF Nos. 6, 7] RICHARD F. BOULWARE II, 7 Defendant. 8

9 On September 19, 2022, Magistrate Judge Youchah recommended that I dismiss plaintiff 10 King Michael Tutankhaman’s petition for judicial review with prejudice. ECF No. 6. 11 Tutankhaman did not file an objection to the recommendation, but instead he filed an application 12 to proceed in forma pauperis and a new petition. ECF Nos. 7, 8. I am not required to conduct 13 “any review at all ... of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 14 140, 149 (1985). The Ninth Circuit has confirmed that a district court is not required to review a 15 magistrate judge’s report and recommendation where no objection has been filed. See United 16 States v. Reyna–Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (“[T]he district judge must review 17 the magistrate judge’s findings and recommendations de novo if objection is made, but not 18 otherwise.”) (emphasis in original). 19 Nevertheless, I have reviewed the issues in the Report and Recommendation. Judge 20 Youchah’s Report and Recommendation sets forth the proper legal analysis and factual basis for 21 the decision. I accept and adopt it as my own. And because Tutankhaman’s newest application 22 to proceed in forma pauperis and proposed petition (ECF Nos. 7, 8) are equally flawed, I deny 23 them. 1 I THEREFORE ORDER that the Report and Recommendation (ECF No. 6) is accepted, 2|| the plaintiffs application to proceed in forma pauperis (ECF No. 7) is denied as moot, and this 3) case is DISMISSED with prejudice. The clerk of the court shall enter Judgment accordingly. 4 Dated: November 3, 2022. 5 ANDREW P. GORDON 6 UNITED STATES DISTRICT JUDGE

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