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)

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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

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