Colvin v. M.J. Dean Construction, Inc.

Filing 20

ORDER Accepting 19 Report and Recommendation, Granting 7 Motion to Dismiss in Part, Denying 12 Motion to Amend, and Granting Leave to File a Second Amended Complaint. Amended Complaint deadline: 5/28/2021. Signed by Judge Andrew P. Gordon on 4/27/2021. (Copies have been distributed pursuant to the NEF - MR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 PARNELL COLVIN, 4 Plaintiff 5 v. 6 M.J. DEAN CONSTRUCTION, INC., 7 Case No.: 2:20-cv-01765-APG-EJY Order Accepting Report and Recommendation, Granting Motion to Dismiss in Part, Denying Motion to Amend, and Granting Leave to File a Second Amended Complaint Defendant [ECF Nos. 7, 12, 19] 8 9 10 On April 7, 2021, Magistrate Judge Youchah recommended that I grant in part defendant 11 M.J. Dean Construction, Inc.’s motion to dismiss, deny plaintiff Parnell Colvin’s motion to 12 amend, and grant leave for Colvin to file a proposed second amended complaint. ECF No. 19. 13 No party objected. Thus, I am not obligated to conduct a de novo review of the report and 14 recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo 15 determination of those portions of the report or specified proposed findings to which objection is 16 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the 17 district judge must review the magistrate judge’s findings and recommendations de novo if 18 objection is made, but not otherwise” (emphasis in original)). 19 I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation 20 (ECF No. 19) is accepted, defendant M.J. Dean Construction, Inc.’s motion to dismiss (ECF 21 No. 7) is GRANTED in part, and plaintiff Parnell Colvin’s motion to amend (ECF No. 12) is 22 DENIED. 23 1 I FURTHER ORDER that by May 28, 2021, Parnell Colvin may file a second amended 2 complaint consistent with Magistrate Judge Youchah’s report and recommendation. 3 DATED this 27th day of April, 2021. 4 5 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2

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