Williams v. Department of Health and Human Services Division of Public and Behavior Health

Filing 5

ORDER accepting 4 Report and Recommendation; complaint (ECF No. 1-1) is dismissed without prejudice. Signed by Judge Andrew P. Gordon on 1/6/2021. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:19-cv-02087-APG-BNW Document 5 Filed 01/07/21 Page 1 of 1 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 BYRON WILLIAMS, 4 Plaintiff Case No.: 2:19-cv-02087-APG-BNW Order Accepting Report and Recommendation and Dismissing Case 5 v. [ECF No. 4] 6 DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF 7 PUBLIC AND BEHAVIOR HEALTH, 8 9 Defendant On December 9, 2020, Magistrate Judge Weksler recommended that I dismiss this case 10 without prejudice because plaintiff Byron Williams did not file an amended complaint by the 11 given deadline. ECF No. 4. Williams did not object. Thus, I am not obligated to conduct a de 12 novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts 13 to “make a de novo determination of those portions of the report or specified proposed findings 14 to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) 15 (en banc) (“the district judge must review the magistrate judge’s findings and recommendations 16 de novo if objection is made, but not otherwise” (emphasis in original)). 17 I THEREFORE ORDER that Magistrate Judge Weksler’s report and recommendation 18 (ECF No. 4) is accepted. Plaintiff Byron Williams’ complaint (ECF No. 1-1) is dismissed 19 without prejudice. The clerk of court is instructed to close this case. 20 DATED this 6th day of January, 2021. 21 22 23 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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