Opinion
No. 03:11-CV-899-HU
11-21-2011
HARVEY SALOUM, Plaintiff, v. ROBIN BOARDMAN and SHELLEY BOARDMAN, Defendants.
Harvey Saloum, Pro Se Attorney for Plaintiff
ORDER
Harvey Saloum, Pro Se
Attorney for Plaintiff HERNANDEZ, District Judge:
Magistrate Judge Hubel issued a Findings and Recommendation (#6) on October 26, 2011, in which he recommends that this Court grant plaintiff's application to proceed in forma pauperis, but sua sponte dismiss the case for lack of subject matter jurisdiction. Judge Hubel also recommended that the case be dismissed with prejudice because the jurisdictional defect cannot be cured. 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 Hubel's Findings and Recommendation (#6). Accordingly, plaintiff's application to proceed in forma pauperis (#1) is granted, but the case is dismissed with prejudice. Furthermore, any appeal of this dismissal would not be taken in good faith. 28 U.S.C. sec. 1915(a)(3).
IT IS SO ORDERED.
MARCO A. HERNANDEZ
United States District Judge