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)

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