Opinion
2:15-cv-02108-JAD-PAL
06-28-2016
David Klucka, Plaintiff v. Susan Atkinson, et al., Defendants
Order Adopting Report and Recommendation and Dismissing and Closing Case
[ECF No. 5]
Pro se plaintiff David Klucka sues 31 individuals alleging that they conspired as agents of the police to produce a doctored surveillance video. Because this court has dismissed at least three civil actions that Klucka brought while in custody as frivolous or for failure to state a claim, and Klucka did not plausibly allege that he was in imminent danger of serious physical injury, Magistrate Judge Leen denied his application to proceed in forma pauperis under 28 U.S.C. § 1915(g). She then screened Klucka's complaint, dismissed it without prejudice and with leave to amend, and gave Klucka until June 3, 2016, to pay the $400 filing fee and file an amended complaint. After Klucka failed to pay the filing fee or file an amended complaint by this deadline, Magistrate Judge Leen entered a report recommending that I dismiss and close this case.
ECF No. 1-1.
ECF No. 2.
Id.
"[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." 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). The deadline for filing objections to the report and recommendation has passed and Klucka has not filed an objection or requested an extension to do so.
Dismissal is also appropriate because Klucka has failed to keep the court apprised of his address as required by this district's local rules. LSR 2-2. See ECF Nos. 4, 6 (mail returned as undeliverable). --------
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED, that this case is DISMISSED. The Clerk of Court is directed to enter judgment accordingly and CLOSE THIS CASE.
Dated June 28, 2016
/s/_________
Jennifer A. Dorsey
United States District Judge