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Tran v. Clark Cnty. Court

United States District Court, Western District of Washington
Jan 10, 2023
3:22-cv-05827-BHS (W.D. Wash. Jan. 10, 2023)

Opinion

3:22-cv-05827-BHS

01-10-2023

TAM TRAN, Plaintiff, v. CLARK COUNTY COURT, Defendant.


ORDER

BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE

THIS MATTER is before the Court on Magistrate Judge Fricke's Report and Recommendation (“R&R”), Dkt. 4, recommending that the court deny pro se Plaintiff Tam Tran's application to proceed in forma pauperis, Dkt. 1, and dismiss the matter without prejudice. Tran has not objected to the R&R.

Judge Fricke concluded that Tran's claims are facially time-barred, as the DUI arrest of which he complains occurred more than 10 years ago, he has not named a “person” as a § 1983 or Bivens defendant, and he has otherwise failed to state a plausible claim.

A district judge must determine de novo any part of a magistrate judge's proposed disposition to which a party has properly objected. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions. Fed.R.Civ.P. 72(b)(3). A proper objection requires specific written objections to the findings and recommendations in the R&R. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Objections to an R&R are not a vehicle to relitigate the same arguments carefully considered and rejected by the magistrate judge. See, e.g., Fix v. Hartford Life & Accident Ins. Co., CV 16-41-M-DLC-JCL, 2017 WL 2721168, at *1 (D. Mont. June 23, 2017) (collecting cases).

The Court agrees that Tran has failed to state a plausible claim. The R&R is ADOPTED and the matter is DISMISSED without prejudice.

The Clerk shall enter a JUDGMENT and close the case.

IT IS SO ORDERED.


Summaries of

Tran v. Clark Cnty. Court

United States District Court, Western District of Washington
Jan 10, 2023
3:22-cv-05827-BHS (W.D. Wash. Jan. 10, 2023)
Case details for

Tran v. Clark Cnty. Court

Case Details

Full title:TAM TRAN, Plaintiff, v. CLARK COUNTY COURT, Defendant.

Court:United States District Court, Western District of Washington

Date published: Jan 10, 2023

Citations

3:22-cv-05827-BHS (W.D. Wash. Jan. 10, 2023)