Munoz v. McDonough

Filing 11

ORDER Accepting 10 Report and Recommendation. Plaintiff's 7 amended complaint is dismissed without prejudice. Second Amended Complaint deadline: 11/30/2021. See Order for details. Signed by Judge Andrew P. Gordon on 11/19/2021. (Copies have been distributed pursuant to the NEF - MR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 JONATHAN MUNOZ,
4

Plaintiff

5 v.
6 DENIS MCDONOUGH,
7
8

Case No.: 2:21-cv-00430-APG-EJY
Order Accepting Report and
Recommendation
[ECF No. 10]

Defendant
On October 29, 2021, Magistrate Judge Youchah recommended that plaintiff Jonathan

9 Munoz’s amended complaint be dismissed, and that Munoz be given another opportunity to file
10 an amended complaint. ECF No. 10. Munoz has not objected. Thus, I am not obligated to
11 conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring
12 district courts to “make a de novo determination of those portions of the report or specified
13 proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114,
14 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings
15 and recommendations de novo if objection is made, but not otherwise” (emphasis in original)).
16

I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation

17 (ECF No. 10) is accepted and plaintiff Jonathan Munoz’s amended complaint (ECF No. 7) is
18 dismissed without prejudice. Plaintiff Jonathan Munoz shall have until November 30, 2021 to
19 file a second amended complaint that corrects the deficiencies identified in Judge Youchah’s
20 report and recommendation. Failure to file a second amended complaint by that date will result
21 in this action being dismissed with prejudice.
22
23

DATED this 19th day of November, 2021.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE