Pettigrew v. Wilson et al

Filing 19

ORDER REGARDING REPORT AND RECOMMENDATION Accepting 17 Report and Recommendation. FURTHER ORDERED that plaintiff Donnelle Pettigrew's third amended complaint is DISMISSED without prejudice. Signed by Judge Andrew P. Gordon on 4/3/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DONNELLE PETTIGREW,

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Plaintiff,
v.
TOM WILSON, et al.,

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Defendants.

Case No. 2:16-cv-03012-APG-NJK
ORDER ON REPORT AND
RECOMMENDATION
(DKT. NO. 17)

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On March 2, 2017, Magistrate Judge Koppe entered a report and recommendation that I

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dismiss this case without prejudice for failure to allege facts supporting subject matter

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jurisdiction. ECF No. 17. Pettigrew did not file an objection. Thus, I am not obligated to conduct

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a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district

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courts to “make a de novo determination of those portions of the report or specified proposed

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findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th

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Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings and

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recommendations de novo if objection is made, but not otherwise” (emphasis in original)).

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IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF
No. 17) is accepted.
IT IS FURTHER ORDERED that plaintiff Donnelle Pettigrew’s third amended complaint
is DISMISSED without prejudice. The clerk of court is instructed to close this case.
DATED this 3rd day of April, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE