Opinion
2:16-cv-00132-JAD-NJK
05-27-2016
Tyrone Hurt, Plaintiff v. The United States of America, Defendant
Order Adopting Report and Recommendation, Denying Motion for Leave to Proceed In Forma Pauperis on Appeal, and Dismissing and Closing Case [ECF No. 5]
After Tyrone Hurt filed an illegible complaint in violation of this district's local rules, Magistrate Judge Koppe dismissed his complaint without prejudice and ordered him to file a legible complaint by March 3, 2016. Magistrate Judge Koppe's order explicitly warned Hurt that failure to comply with her order would result in a dismissal recommendation. Hurt then submitted two applications to proceed in forma pauperis but did not file an amended complaint. The magistrate judge granted Hurt IFP status but recommends dismissal because there is no operative complaint in this case and Hurt failed to comply with her previous order.
L.R. 10-1
ECF No. 2.
Id. at 2.
ECF Nos. 3, 4.
ECF No. 5.
Hurt appealed Magistrate Judge Koppe's report and recommendation to the Ninth Circuit Court of appeals, which promptly dismissed the appeal for lack of jurisdiction. But he filed no objection to the magistrate judge's report and recommendation that I dismiss his case, nor did he request an extension of time to do so. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." I therefore adopt Magistrate Judge Koppe's report and recommendation in its entirety and dismiss this case without prejudice.
ECF No. 7 (notice of appeal).
ECF No. 9 (USCA order), ECF No. 11 (order on mandate).
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). --------
Conclusion
Accordingly, IT IS HEREBY ORDERED, that Magistrate Judge Koppe'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 27th day of May, 2016.
/s/_________
Jennifer A. Dorsey
United States District Judge