Gordon v. Adult Superstore

Filing 5

ORDER. IT IS HEREBY ORDERED that 4 report and recommendation is ADOPTED; this case is DISMISSED without prejudice. The Clerk of Court is instructed to CLOSE this case. Signed by Judge Jennifer A. Dorsey on 7/19/16. (Copies have been distributed pursuant to the NEF - TR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Faron Gordon, 2:16-cv-01065-JAD-NJK 5 Plaintiff Order Adopting Report and Recommendation and Dismissing and Closing Case 6 v. 7 Adult Superstore, 8 Defendant [ECF No. 4] 9 10 On May 16, 2016, Magistrate Judge Koppe dismissed plaintiff Faron Gordon’s complaint 11 without prejudice and gave him until June 16, 2016, to file an amended complaint.1 She cautioned 12 Gordon that, if he chose to file an amended complaint, it must be either type-written or hand-written 13 legibly. She also ordered Gordon to pay the filing fee or submit a completed application to proceed 14 in forma pauperis. Though Gordon submitted an application to proceed in forma pauperis, he has 15 not submitted an amended complaint, and the deadline for doing so has expired. 16 On June 27, 2016, Magistrate Judge Koppe granted Gordon’s application to proceed in forma 17 pauperis,2 and she now recommends dismissing this case without prejudice because Gordon failed to 18 file an amended complaint, leaving no operative complaint in this case. Objections to the magistrate 19 judge’s recommendations were due by July 14, 2016, and Gordon has not filed an objection or 20 requested an extension to do so. “[N]o review is required of a magistrate judge’s report and 21 recommendation unless objections are filed.”3 Accordingly, and with good cause appearing, 22 23 IT IS HEREBY ORDERED that the report and recommendation [ECF No. 4] is ADOPTED; this case is DISMISSED without prejudice. 24 25 26 1 ECF No. 2. 2 ECF No. 14. 27 3 28 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). Page 1 of 2 1 The Clerk of Court is instructed to CLOSE this case. 2 Dated this 19th day of July, 2016. 3 4 _________________________________ _____________________ _ _ ______ __ __ __ __ Jennifer A. Dorsey ennifer A. Dor nif i orsey United States District Judge nited States District Judge ed ta d ict u 5 6 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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