Angellan v. Zorea

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
PHILLIP M. ANGELLAN,
Plaintiff,
v.
MOSHE ZOREA,
Defendant.
Case No. 3:22-cv-00134-SLG
ORDER RE REPORT AND RECOMMENDATION TO DISMISS
Before the Court at Docket 1 is Plaintiff Phillip M. Angellan’s Prisoner’s
Complaint under the Civil Rights Act, 42 U.S.C. § 1983 (hereinafter “Complaint”)
and Mr. Angellan’s application to waive prepayment of the filing fee at Docket 3.
These matters were referred to the Honorable Magistrate Judge Kyle F. Reardon.
At Docket 7 Judge Reardon issued a Report and Recommendation to Dismiss
without prejudice for failure to state a claim upon which relief may be granted. No
objections to the Report and Recommendation to Dismiss have been filed.
The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1). That
statute provides that a district court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge.”1 A court is
to “make a de novo determination of those portions of the magistrate judge’s report
1 28 U.S.C. § 636(b)(1).
Case 3:22-cv-00134-SLG-KFR Document 8 Filed 10/19/22 Page 1 of 2

Case No. 3:22-cv-00134-SLG, Angellan v. Zorea
Order re Report and Recommendation to Dismiss
Page 2 of 2
or specified proposed findings or recommendations to which objection is made.”2
However, § 636(b)(1) does not “require district court review of a magistrate’s
factual or legal conclusions, under a de novo or any other standard, when neither
party objects to those findings.”3
The Court has reviewed the Report and Recommendation to Dismiss and
agrees with its analysis. Accordingly, the Court adopts the Report and
Recommendation to Dismiss in its entirety, and IT IS ORDERED that this action is
DISMISSED WITHOUT PREJUDICE for failing to state a claim on upon which
relief may be granted. The application to waive prepayment of the filing fee is
DENIED AS MOOT. This dismissal shall be a strike as required by 28 U.S.C. §
1915(g) and Lomax v. Ortiz-Marquez, et al. 590 U.S. ___, 140 S.Ct. 172 (2020).4
The Clerk of Court is directed to enter a final judgment accordingly.
DATED this19th day of October, 2022, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
2 Id.
3 Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003).
4 28 U.S.C. § 1915(g) prohibits a prisoner who has filed more than three actions or appeals in any
federal court in the United States that are dismissed as frivolous or malicious or for failure to state
a claim upon which relief may be granted, from bringing any other actions without prepayment of
fees unless the prisoner can demonstrate that he or she is in “immediate danger of serious
physical injury.”
Case 3:22-cv-00134-SLG-KFR Document 8 Filed 10/19/22 Page 2 of 2