Opinion
No. 3:15-cv-1032-JE
09-17-2015
ANGELA NAILS, Plaintiff, v. ERIC BEACH, Defendant.
ORDER :
Magistrate Judge Jelderks issued a Findings and Recommendation [9] on August 18, 2015, in which he recommends that this Court grant Plaintiff's application to proceed in forma pauperis [1], deny Plaintiff's motion for pro bono counsel [4], and dismiss Plaintiff's complaint [2]. 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 Jelderk's Findings & Recommendation [9], and therefore, Plaintiff's application to proceed in forma pauperis [1] is granted, Plaintiff's motion for pro bono counsel [4] is denied, and Plaintiff's complaint [2] is dismissed. Plaintiff is given 30 days to file an amended complaint curing the defects described in the Findings & Recommendation if she wishes to proceed in this action. If Plaintiff fails to file such an amended complaint, the case will be dismissed with prejudice.
IT IS SO ORDERED.
DATED this 17 day of September, 2015.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge