Summary
The United States District Court for the District of Nevada adopts the magistrate judge’s report and recommendation and dismisses the action without prejudice. The dismissal is based on the plaintiff’s failure to pay the filing fee or submit an application to proceed in forma pauperis, and failure to object to the recommendation.
Holdings
- When no objections are filed, the district court is not required to review the magistrate judge's report and recommendation.
- Dismissal without prejudice was warranted where plaintiff failed to comply with the court's order to pay the filing fee or submit an in forma pauperis application, and the applicable dismissal factors favored dismissal.
Questions Presented
- Whether the district court was required to review the magistrate judge's report and recommendation when plaintiff filed no objections.
- Whether dismissal without prejudice was warranted because plaintiff failed to comply with the court's order to pay the filing fee or submit an in forma pauperis application.
Disposition
dismissed
Cases Cited (11)
- Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003)(followed)
- Thomas v. Arn, 474 U.S. 140, 150 (1985)(followed)
- United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(followed)
- Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987)(followed)
- In re Phenylpropanolamine Prod. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006)(followed)
- Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 1976)(followed)
- Yourish v. Cal. Amplifier, 191 F.3d 983, 992 (9th Cir. 1999)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 643 & n.4 (9th Cir. 2002)(followed)
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Cited In (0)
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