Brazier v. Brigrandi et al

Filing 14

ORDER adopting 12 Report and Recommendation; This action is dismissed without prejudice. Signed by Judge Jennifer A. Dorsey on 4/8/2019. (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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Case No.: 2:17-cv-00037-JAD-PAL

4 Lamaar Tyrone Brazier,
Plaintiff

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6 v.

Order Adopting
Report & Recommendation
and Closing Case

7 Nicholas Brigrandi, et al.,
Defendants

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[ECF No. 12]

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Pro se plaintiff Lamaar Tyrone Brazier is a prisoner in the custody of the Nevada

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12 Department of Corrections. He brings this civil-rights action to redress what he claims was
13 retaliation against him by officers of the Las Vegas Metropolitan Police Department.1
14 Magistrate Judge Peggy Leen screened Brazier’s second amended complaint, found that he fails
15 to state any plausible claim for relief, and gave him until March 1, 2019, to file an amended
16 complaint if he can cure the deficiencies in his claims.2 The screening order warned Brazier that
17 his failure to submit a proper third amended complaint by that deadline would “result in a
18 recommendation to the district judge that this case be dismissed.”3
Brazier did not file a third amended complaint or seek an extension of the deadline to do

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20 so. Plus, the screening order was returned as undeliverable, which means that Brazier has not
21 kept the court apprised of his current address as Local Rule IA 3-1 requires him to. So, the
22 magistrate judge recommends that I dismiss this case unless Brazier files a third amended
23 complaint by April 5, 2019, and updates his address with the court. The April 5, 2019, deadline
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ECF No. 10 (Screening Order).

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Id.

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Id. at 17.

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1 has passed, and Brazier has not taken this necessary action. “[N]o review is required of a
2 magistrate judge’s report and recommendation unless objections are filed.”4 Having reviewed
3 the R&R, I find good cause to adopt it, and I do.
Accordingly, IT IS HEREBY ORDERED that the Magistrate Judge’s Report and

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5 Recommendation [ECF No. 13] is ADOPTED in its entirety. This action is dismissed without
6 prejudice for failing to comply with the court’s orders and rules. The Clerk of Court is
7 directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS CASE
Dated: April 8, 2019

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_________________________________
__________________
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U.S. District Judge Jennifer A. Dorsey
ict Judge Jennifer A.
t Judg
if
if

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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).

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