Villegas v. Comm'r of Soc. Sec.

Full title: Jesus Arteaga Villegas, Plaintiff v. Commissioner of Social Security…

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Feb 13, 2014

Case No.: 2:13-cv-01940-JAD-VCF (D. Nev. Feb. 13, 2014)

Opinion

Case No.: 2:13-cv-01940-JAD-VCF

02-13-2014

Jesus Arteaga Villegas, Plaintiff v. Commissioner of Social Security, Defendant

Jennifer A. Dorsey

Order Adopting Report and

Recommendation [Doc. 6] and Denying

Motion to Shorten Time [Doc. 4]

Before the Court is Magistrate Judge Cam Ferenbach's Report and Recommendation regarding Plaintiff Jesus Arteaga Villegas's failure to comply with the requirements of Federal Rule of Civil Procedure 8(a) in his original complaint and recommending dismissal of his original complaint without prejudice. Doc. 7 at 2-3. The Report was entered November 20, 2013. Doc. 6. Objections were due December 7, 2013. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003). See also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Plaintiff has filed no objections to Judge Ferenbach's Report, and he timely filed an Amended Complaint as directed by the Report. Doc. 8.

The Court also considers Villegas's Motion to Shorten Time, Doc. 4, in which he argues that "the facets and nature of [his] industrial injury permanent disability claim (which involve retroactive payments that are needed for affiant and dependants survival, living)" require an expedited schedule if Villegas is not to suffer "immediate and further irreparable harm." Doc. 4 at 22-23. The Court liberally construes this pro se plaintiff's motion as a request for an expedited adjudication of his claims. See Bernhardt v. Los Angeles Cnty., 339 F.3d 920, 925 (9th Cir. 2003) (courts must construe pro se motions and pleadings liberally); Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987). The Court is sympathetic to Plaintiff's situation, but finds no good cause to expedite his case beyond the normal schedule, particularly where many parties are seeking relief before the Court for similarly compelling reasons. The Motion to Shorten Time is therefore denied.

Accordingly, and with good cause appearing,

IT IS HEREBY ORDERED that Magistrate Judge Ferenbach's Report and Recommendation [Doc. 6] is ACCEPTED. Plaintiff Villegas's original complaint [Doc. 1] is DISMISSED.

IT IS FURTHER ORDERED that Villegas's Motion to Shorten Time [Doc. 4] is DENIED.

__________

Jennifer A. Dorsey

United States District Judge