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Edwards v. Eagle Quest Inc.

United States District Court, D. Nevada

January 29, 2015

CARL D. EDWARDS, Plaintiff,
v.
EAGLE QUEST INC. et al, Defendants.

ORDER ACCEPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE

RICHARD F. BOULWARE, II, District Judge.

Before the Court for consideration is the Report and Recommendation (ECF No. 6) of the Honorable Nancy J. Koppe, United States Magistrate Judge, entered October 2, 2014.

A district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is required to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct "any review, " de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 149 (1985).

Pursuant to Local Rule IB 3-2(a), objections were due by October 16, 2014. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge's recommendation(s) that Plaintiff's Application to Proceed In Forma Pauperis be DENIED and this action be DISMISSED without prejudice to Plaintiff's ability to commence a new action in which he either pays the appropriate filing fee in full or submits a completed application to proceed in forma pauperis. Therefore, the Court has determined that Magistrate Judge's Recommendation should be ACCEPTED and ADOPTED to the extent that it is not inconsistent with this opinion.

IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 6) is ACCEPTED and ADOPTED in full.

IT IS HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis is DENIED.

IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to Plaintiff's ability to commence a new action in which he either pays the appropriate filing fee in full or submits a completed application to proceed in forma pauperis.

The Clerk shall enter judgment accordingly and close case.


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