Johnson v. Baynosa

Filing 6

ORDER Accepting and Adopting in Full 5 Report and Recommendation. This Case is Dismissed Without Prejudice. The Clerk Shall Enter Judgment Accordingly and Close this Case. Signed by Judge Richard F. Boulware, II on 9/4/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
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HILDA JOHNSON,
Plaintiff,

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Case No.: 2:14-cv-02011-RFB-NJK

v.

ORDER ACCEPTING REPORT &
RECOMMENDATION OF MAGISTRATE
JUDGE NANCY J. KOPPE

DR. RICHARD BAYNOSA,

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Defendant.
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Before the Court for consideration is the Report and Recommendation (ECF No. 5) of the
Honorable Nancy J. Koppe, United States Magistrate Judge, entered March 16, 2015.

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A district court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific

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written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. §

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636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is

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required to “make a de novo determination of those portions of the report or specified proposed

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findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local

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Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct

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“any review,” de novo or otherwise, of the report and recommendations of a magistrate judge.

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Thomas v. Arn, 474 U.S. 140, 149 (1985).

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Under Local Rule IB 3-2(a), objections were due by April 2, 2015. No objections have been

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filed. The Court has reviewed the record in this case and accepts Judge Koppe’s recommendation

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that this case be dismissed without prejudice, and that the Clerk of Court enter judgment

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accordingly, because Plaintiff Hilda Johnson’s Amended Complaint does not show that the Court

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has subject-matter jurisdiction over this case.

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IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 5) is
ACCEPTED and ADOPTED in full. This case is DISMISSED WITHOUT PREJUDICE.
The Clerk shall enter judgment accordingly and close this case.

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DATED: September 4, 2015.
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___________________________
RICHARD F. BOULWARE, II.
United States District Court Judge