United States of America et al v. Tulane University Medical School et al

Filing 12

ORDER DISMISSING CASE. IT IS HEREBY ORDERED that 11 the magistrate judge's report and recommendation is ADOPTED, and this case is dismissed without prejudice. The Clerk of Court is instructed to CLOSE this case. Signed by Judge Jennifer A. Dorsey on 9/19/16. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 United States of America, ex rel Vahe Sarkissian, 5 2:14-cv-01338-JAD-VCF Plaintiff Order Dismissing and Closing Case 6 v. 7 Tulane University Medical School, et al., 8 [ECF No. 11] Defendants 9 10 In this qui tam action under the federal False Claims Act, relator Vahe Sarkissian’s counsel 11 has withdrawn,1 the United States has chosen not to intervene,2 and Sarkissian did not appear at the 12 last hearing despite a court order directing him to do so. Given Sarkissian’s apparent lack of interest 13 in pursuing this action and his inability to litigate this qui tam case pro se, Magistrate Judge 14 Ferenbach recommends that I dismiss this action with prejudice.3 “[N]o review is required of a 15 magistrate judge’s report and recommendation unless objections are filed.”4 Objections to the 16 magistrate judge’s report and recommendation were due by September 9, 2016, and Sarkissian has 17 not filed an objection or requested an extension to do so. Accordingly, 18 19 IT IS HEREBY ORDERED that the magistrate judge’s report and recommendation [ECF No. 11] is ADOPTED, and this case is dismissed without prejudice. 20 The Clerk of Court is instructed to CLOSE this case. 21 Dated this 19th day of September 22 _________________________________ _____________________ __ __ _ _ __ _ _ __ Jennifer A. Dorsey nnifer Dorsey fe e United States District Judge ited States tat ct Judge t ud 23 24 25 1 ECF No. 11. 26 2 ECF No. 5. 3 ECF No. 11. 27 28 4 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).

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