Opinion
2:16-cv-02273-JAD-NJK
01-04-2017
Alexander Gonzalas, Plaintiff v. Geordan Logan, et al., Defendants
Order Adopting Report and Recommendation and Dismissing and Closing Case
[ECF No. 5]
Pro se pretrial detainee Alexander Gonzalas brings this § 1983 action against two public defenders who appear to be currently representing Gonzalas in Nevada state court. Magistrate Judge Koppe has twice denied Gonzalas's application to proceed informa pauperis without prejudice because the financial certificate contained incorrect numbers as compared to Gonzalas's inmate trust account. The magistrate judge ordered Gonzalas to file a third application to proceed in forma pauperis that corrected these deficiencies by November 30, 2016. Gonzalas has not filed an IFP application or requested an extension to do so. Magistrate Judge Koppe now recommends that I dismiss this case without prejudice based on Gonzalas's failure to file a proper IFP application. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." Objections to the magistrate judge's report and recommendation were due by December 28, 2016, and Gonzalas has not filed an objection or requested an extension to do so.
Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the magistrate judge's report and recommendation [ECF No. 5] is ADOPTED. This case is DISMISSED without prejudice.
The Clerk of Court is directed to CLOSE THIS CASE.
Dated this 4th day of January, 2017.
/s/_________
Jennifer A. Dorsey
United States District Judge
Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).