Bernard May v. Clark County

Summary

The United States District Court for the District of Nevada accepts a magistrate judge’s report and recommendation and dismisses Bernard May’s civil action against Clark County without prejudice. The dismissal followed May’s failure to submit a compliant prisoner in forma pauperis application, provide the required trust-account statement, pay the filing fee, or object to the report and recommendation. The court relied on Federal Rule of Civil Procedure 41(b) and applicable Ninth Circuit precedent.

Holdings

1. No review of the magistrate judge's report and recommendation was required because May filed no specific written objections and did not request additional time.
2. Dismissal without prejudice was proper because May failed to comply with the order requiring him to submit a proper prisoner IFP application and certified trust-account statement or pay the filing fee.

Questions Presented

1. Whether the district court was required to review the magistrate judge's report and recommendation when May filed no objections.
2. Whether dismissal without prejudice was proper because May failed to comply with the order requiring a proper prisoner in forma pauperis application, trust-account statement, or payment of the filing fee.

Disposition

dismissed