Opinion
Case No.: 2:17-cv-03134-JAD-PAL
04-05-2018
Raymond Inoue, Plaintiff v. Immigration Customs Enforcement, Defendant
Order Adopting Report and Recommendation and Dismissing Case
[ECF No. 7]
Pro se plaintiff Raymond Inoue spent nine months in jail at the Southern Desert Correctional Center for committing burglary and carrying a concealed weapon before he was released on parole. He brought this case to request a stay of his pending deportation to the Philippines, but he neither paid the filing fee nor filed an application to proceed in forma pauperis. This court ordered Inoue to pay the filing fee or file a pauper application and warned him that his case would be dismissed if he did neither.
NEV. DEP'T OF CORR. (April 5, 2018) http://doc.nv.gov/Inmates/Home/ (inmate search by name Raymond Inoue or by offender ID 1178986).
ECF No. 1.
Inoue has now had four months to pay the fee or file a pauper application, but he has failed to do anything. Magistrate Judge Peggy Leen therefore recommends that I dismiss this case. The deadline to object to Judge Leen's recommendation was yesterday, April 4, 2018, and Inoue has filed no objections. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that Magistrate Judge Leen's report and recommendation [ECF No. 7] is ACCEPTED and ADOPTED. This case is DISMISSED without prejudice to Inoue's ability to re-file it with an accompanying pauper application or a filing-fee payment. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.
ECF No. 7.
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). --------
Dated: April 5, 2018
/s/_________
U.S. District Judge Jennifer A. Dorsey