Reed v. Martinez et al

Filing 28

ORDER REGARDING REPORT AND RECOMMENDATIONS Accepting 26 Report and Recommendation. Case terminated. Signed by Judge Andrew P. Gordon on 2/1/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HOMER O. REED,

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Plaintiff,

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Case No. 2:15-cv-00142-APG-PAL

v.
PEGGY MARTINEZ, et al.,

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ORDER ACCEPTING REPORT &
RECOMMENDATION
(ECF No. 26)

Defendants.

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On December 28, 2016, Magistrate Judge Leen recommended that I dismiss the complaint

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without prejudice due to plaintiff Homer Reed’s failure to comply with the court’s orders

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regarding service on the remaining defendant, Peggy Martinez. ECF No. 26. Reed did not file an

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objection. Thus, I am not obligated to conduct a de novo review of the report and

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recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo

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determination of those portions of the report or specified proposed findings to which objection is

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made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the

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district judge must review the magistrate judge’s findings and recommendations de novo if

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objection is made, but not otherwise” (emphasis in original)).

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Judge Leen sets forth the proper legal analysis and factual basis for the decision.

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Additionally, I note that Judge Leen’s report and recommendation was returned in the mail. ECF

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No. 27. It appears Reed has failed to comply with Local Rule of Special Proceedings 2-2, which

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requires a pro se plaintiff in a civil rights case to immediately notify the court of any of change of

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address. “Failure to comply with this Rule may result in dismissal of the action with prejudice.”

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LSR 2-2.

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IT IS THEREFORE ORDERED that Judge Leen’s report and recommendation (ECF No.

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26) is accepted and the complaint (ECF No. 9) is DISMISSED without prejudice. The clerk of

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court is directed to close this case.

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DATED this 1st day of February, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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