Herbert v. New Castle Corporation

Filing 21

ORDER. IT IS ORDERED that 20 Magistrate Judge Leen's report and recommendation is ACCEPTED. Plaintiff Andrea Herbert's complaint is DISMISSED with prejudice. Signed by Judge Andrew P. Gordon on 4/2/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANDREA HERBERT,

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Plaintiff,
v.
NEW CASTLE CORPORATION,
Defendant.

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Case No. 2:17-cv-02410-APG-PAL
ORDER ACCEPTING REPORT AND
RECOMMENDATION AND
DISMISSING THE PLAINTIFF’S
COMPLAINT
(ECF No. 20)

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On March 8, 2018, Magistrate Judge Leen issued a report and recommendation in which

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she recommends that I dismiss plaintiff Andrea Herbert’s complaint because Herbert has failed to

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respond to court orders and has not prosecuted this case. ECF No. 20. Herbert did not file an

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objection. Thus, I am not obligated to conduct a de novo review of the report and

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recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo

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determination of those portions of the report or specified proposed findings to which objection is

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made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the

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district judge must review the magistrate judge’s findings and recommendations de novo if

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objection is made, but not otherwise” (emphasis in original)).

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IT IS THEREFORE ORDERED that Magistrate Judge Leen’s report and recommendation
(ECF No. 20) is accepted. Plaintiff Andrea Herbert’s complaint is DISMISSED with prejudice.
DATED this 2nd day of April, 2018.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE