Sims v. District Attorney Office et al

Filing 6

ORDER that 5 Report and Recommendation is accepted. Plaintiff Jessie Sims' complaint is DISMISSED without prejudice. Signed by Judge Andrew P. Gordon on 2/2/2018. (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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JESSIE L. SIMS,

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Case No. 2:17-cv-02996-APG-NJK
Plaintiff,

v.
DISTRICT ATTORNEY OFFICE, et al.,

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Defendants.

ORDER ADOPTING REPORT AND
RECOMMENDATION
(ECF No. 5)

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On January 16, 2018, Magistrate Judge Koppe entered a report and recommendation that I

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dismiss this case without prejudice because plaintiff Jessie Sims did not file an amended

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complaint by January 5 as ordered. ECF No. 5. Sims did not file an objection. Thus, I am not

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

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(requiring district courts to “make a de novo determination of those portions of the report or

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specified proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s

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

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original)).

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IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF
No. 5) is accepted. Plaintiff Jessie Sims’ complaint is DISMISSED without prejudice.
DATED this 2nd day of February, 2018.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE