Opinion
3:21-cv-00379-MMD-CSD
01-26-2022
AARON MOULTRIE, Plaintiff, v. WALMART, et al., Defendants.
ORDER
MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE.
Pro se Plaintiff Aaron Moultrie filed a civil rights complaint under 42 U.S.C. § 1983. (ECF No. 1-1.) Before the Court is the Report and Recommendation (“R&R”) of United States Magistrate Judge William G. Cobb (ECF No. 4), recommending that Moultrie's application to proceed in forma pauperis (ECF No. 1) be granted, and that his complaint be dismissed with prejudice. Moultrie had until January 18, 2022, to file an objection. To date, no objection to the R&R has been filed. For this reason, and as explained below, the Court adopts Judge Cobb's R&R and will dismiss this action.
The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party fails to object to a magistrate judge's recommendation, the Court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges' findings and recommendations is required if, but only if, one or both parties file objections to the findings and recommendations.”) (emphasis in original); Fed.R.Civ.P. 72, Advisory Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”).
Because there is no objection, the Court need not conduct de novo review, and is satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends Moultrie's application to proceed in forma pauperis be granted as Moultrie cannot pay the filing fee, and that his complaint be dismissed because his allegations are nonsensical, fantastical, and his complaint is filled with inconsistencies. (ECF No. 4 at 2, 4.) The Court agrees with Judge Cobb. Having reviewed the R&R and the record in this case, the Court will adopt the R&R in full.
It is therefore ordered that Judge Cobb's Report and Recommendation (ECF No. 4) is accepted and adopted in full.
It is further ordered that Plaintiff Aaron Moultrie's application to proceed in forma pauperis (ECF No. 1) is granted.
The Clerk of Court is directed to file Moultrie's complaint (ECF No. 1-1).
It is further ordered that Moultrie's complaint (ECF No. 1-1) is dismissed with prejudice.