Albanese v. Regional Transportation Commision of Southern Nevada
Filing
10
ORDER accepting 9 Report and Recommendation; Complaint is DISMISSED without prejudice. Signed by Judge Andrew P. Gordon on 2/6/2019. (Copies have been distributed pursuant to the NEF - JM)
1
UNITED STATES DISTRICT COURT
2
DISTRICT OF NEVADA
3 GRACE ALBANESE,
4
Plaintiff
Case No.: 2:16-cv-01882-APG-PAL
Order Accepting Report and
Recommendation
5 v.
[ECF No. 9]
6 REGIONAL TRANSPORTATION
COMMISSION OF SOUTHERN NEVADA,
7
Defendant
8
9
On January 14, 2019, Magistrate Judge Leen recommended that I dismiss the complaint
10 with prejudice because the plaintiff failed to state a cognizable claim despite being given leave to
11 amend to do so. ECF No. 9. Plaintiff Grace Albanese did not file an objection. Thus, I am not
12 obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1)
13 (requiring district courts to “make a de novo determination of those portions of the report or
14 specified proposed findings to which objection is made”); United States v. Reyna-Tapia, 328
15 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s
16 findings and recommendations de novo if objection is made, but not otherwise” (emphasis in
17 original)).
18
IT IS THEREFORE ORDERED that Judge Leen’s report and recommendation (ECF No.
19 9) is accepted. Plaintiff Grace Albanese’s complaint is DISMISSED without prejudice. The
20 clerk of court is instructed to close this case.
21
DATED this 6th day of February, 2019.
22
23
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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