Emirt v. United States Department of Agriculture et al

Filing 7

ORDER Adopting Report and Recommendations re 6 Report and Recommendation. This case is dismissed without prejudice. Signed by Judge Andrew P. Gordon on 1/4/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 RONALD SATISH EMRIT, 5 6 7 8 9 Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants. Case No. 2:16-cv-02703-APG-NJK ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING CASE WITHOUT PREJUDICE (ECF No. 6) 10 11 On December 2, 2016, Magistrate Judge Koppe issued a report and recommendation 12 recommending that I dismiss this case without prejudice because plaintiff Ronald Emrit did not 13 follow the required procedures imposed by Chief Judge Navarro’s orders declaring him a 14 vexatious litigant. ECF No. 6. Emrit did not file an objection. Thus, I am not obligated to 15 conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring 16 district courts to “make a de novo determination of those portions of the report or specified 17 proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 18 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings 19 and recommendations de novo if objection is made, but not otherwise” (emphasis in original)). 20 21 22 23 24 I nevertheless conducted a de novo review. 28 U.S.C. § 636(b)(1). Judge Koppe sets forth the proper legal analysis and factual basis for the decision. IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF No. 6) is accepted. This case is dismissed without prejudice. DATED this 4th day of January, 2017. 25 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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