Johnson v. Grierson et al

Filing 12

ORDER Adopting Magistrate Judge Foley's 11 Report and Recommendation. Plaintiff's 1 -1 Complaint is Dismissed without prejudice. The Clerk of Court is directed to close this case. Signed by Judge Andrew P. Gordon on 7/29/2019. (Copies have been distributed pursuant to the NEF - SLD)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 R. WAYNE JOHNSON
4

Plaintiffs

Case No.: 2:18-cv-00969-APG-GWF
Order Accepting Report and
Recommendation and Dismissing Case

5 v.
6 STEVEN GRIERSON and BRANDI
WENDEL,
7
Defendants
8
9

On July 11, 2019, Magistrate Judge Foley recommended that I dismiss this case because

10 plaintiff R. Wayne Johnson did not file an amended complaint by the given deadline and did not
11 respond to Judge Foley’s order to show cause. ECF No. 11. Johnson did not file objections nor
12 did he file an amended complaint. Thus, I am not obligated to conduct a de novo review of the
13 report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo
14 determination of those portions of the report or specified proposed findings to which objection is
15 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the
16 district judge must review the magistrate judge’s findings and recommendations de novo if
17 objection is made, but not otherwise” (emphasis in original)).
18

IT IS THEREFORE ORDERED that Magistrate Judge Foley’s report and

19 recommendation (ECF No. 11) is accepted and plaintiff’s complaint (ECF No. 1-1) is
20 DISMISSED without prejudice. The clerk of court is instructed to close this case.
21

DATED this 29th day of July, 2019.

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23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE