Opinion
No. 3:12-cv-162-ST
02-24-2012
DAWN R. LIND, Plaintiff, v. THE BANK OF NEW YORK MELLON, fka THE BANK OF NEW YORK MELLON AS TRUSTEE, et al., Defendants.
ORDER
HERNANDEZ, District Judge:
Magistrate Judge Stewart issued a Findings and Recommendation (#4) on January 31, 20120, in which she recommends that this Court grant plaintiff's motion to proceed in forma pauperis, and dismiss the Complaint for lack of subject matter jurisdiction.
The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation [#4]. Accordingly, plaintiff's motion to proceed in forma pauperis [#1] is granted, but the Complaint [#2] is dismissed without prejudice and with leave to file an amended complaint within 30 days of the date of this Order, containing a short and plain statement of the basis for subject matter jurisdiction.
IT IS SO ORDERED.
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MARCO A. HERNANDEZ
United States District Judge