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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 HOMER O. REED, 5 Plaintiff, 6 7 Case No. 2:15-cv-00142-APG-PAL v. PEGGY MARTINEZ, et al., 8 ORDER ACCEPTING REPORT & RECOMMENDATION (ECF No. 26) Defendants. 9 On December 28, 2016, Magistrate Judge Leen recommended that I dismiss the complaint 10 11 without prejudice due to plaintiff Homer Reed’s failure to comply with the court’s orders 12 regarding service on the remaining defendant, Peggy Martinez. ECF No. 26. Reed did not file an 13 objection. Thus, I am not obligated to conduct a de novo review of the report and 14 recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo 15 determination of those portions of the report or specified proposed findings to which objection is 16 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the 17 district judge must review the magistrate judge’s findings and recommendations de novo if 18 objection is made, but not otherwise” (emphasis in original)). 19 Judge Leen sets forth the proper legal analysis and factual basis for the decision. 20 Additionally, I note that Judge Leen’s report and recommendation was returned in the mail. ECF 21 No. 27. It appears Reed has failed to comply with Local Rule of Special Proceedings 2-2, which 22 requires a pro se plaintiff in a civil rights case to immediately notify the court of any of change of 23 address. “Failure to comply with this Rule may result in dismissal of the action with prejudice.” 24 LSR 2-2. 25 //// 26 //// 27 //// 28 1 IT IS THEREFORE ORDERED that Judge Leen’s report and recommendation (ECF No. 2 26) is accepted and the complaint (ECF No. 9) is DISMISSED without prejudice. The clerk of 3 court is directed to close this case. 4 DATED this 1st day of February, 2017. 5 6 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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