Opinion
Case No.: 2:19-cv-02199-APG-DJA
03-17-2020
Order Accepting Report and Recommendation and Directing Plaintiff to Pay Filing Fee
[ECF Nos. 1, 4]
On February 26, 2020, Magistrate Judge Albregts recommended that I deny plaintiff Jacqueline Gibson's motion for leave to proceed in forma pauperis and to require Gibson to pay the full $400 fee for a civil action—which includes the $350 filing fee and the $50 administrative fee—in order to proceed with this action. Gibson did not file an objection. Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to "make a de novo determination of those portions of the report or specified proposed findings to which objection is made"); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)).
I THEREFORE ORDER that Magistrate Judge Albregts' report and recommendation (ECF No. 4) is accepted and plaintiff Jacqueline Gibson's motion for leave to proceed in forma pauperis (ECF No. 1) is DENIED. / / / / / / / / / / / /
I FURTHER ORDER that by April 17, 2020, plaintiff Jacqueline Gibson shall pay the full $400 fee for a civil action, which includes the $350 filing fee and the $50 administrative fee. Failure to comply with this order will result in this action being dismissed without prejudice.
DATED this 17th day of March, 2020.
/s/_________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE