Opinion
3:20-cv-01369-YY
11-06-2020
GERALD Z. HAMMOND, Plaintiff, v. IAN MILLER; LABOR WORKS; PEOPLE READY; and ALL STAR LABOR, Defendants.
OPINION AND ORDER
Michael W. Mosman United States District Judge
On October 13, 2020, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F. & R.) [ECF 7]. Judge You recommended that I dismiss this case without prejudice because Plaintiff Gerald Z. Hammond had failed to pay all required fees or file an in forma pauperis application. Subsequent to Judge You's F. & R., Mr. Hammond filed an application to proceed in forma pauperis [ECF 11]. Given this recent development, I decline to adopt Judge You's F. & R.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F. & R. to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F. & R. depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F. & R. 28 U.S.C. § 636(b)(1)(C).
Subsequent to Judge You's F. & R., Mr. Hammond filed an application to proceed in forma pauperis. Thus, I do not find it appropriate to dismiss this case without prejudice at this stage, and I decline to adopt Judge You's F. & R.
CONCLUSION
Given subsequent developments in this case, I decline to adopt Judge You's F. & R. [ECF 7].
IT IS SO ORDERED.