Bryant v. Kashio et al

Filing 5

ORDER that 3 Report and Recommendation is accepted and the complaint is dismissed without prejudice. FURTHER ORDERED that plaintiff Emanuel Bryant may file an amended complaint on or before March 10, 2017. Signed by Judge Andrew P. Gordon on 2/6/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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EMANUEL BRYANT,

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Plaintiff,

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v.

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CASIO, et al.,

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Defendants.

Case No. 2:16-cv-003011-APG-VCF
ORDER ON REPORT AND
RECOMMENDATION
(ECF NO. 3)

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On January 12, 2017, Magistrate Judge Ferenbach recommended that I dismiss plaintiff

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Emanuel Bryant’s complaint without prejudice because his allegations of race discrimination

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under 42 U.S.C. § 1981 were too speculative. ECF No. 3. Bryant did not file an objection. Thus,

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I am not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C.

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§ 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the

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report or specified proposed findings to which objection is made”); United States v. Reyna-Tapia,

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328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate

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judge’s findings and recommendations de novo if objection is made, but not otherwise” (emphasis

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in original)).

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IT IS THEREFORE ORDERED that Judge Ferenbach’s report and recommendation
(ECF No. 3) is accepted and the complaint (ECF No. 1-1) is dismissed without prejudice.
IT IS FURTHER ORDERED that plaintiff Emanuel Bryant may file an amended

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complaint on or before March 10, 2017. Failure to file an amended complaint will result in

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dismissal of this case without prejudice.

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DATED this 6th day of February, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE