1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA AIMEE O’NEIL, Case No.: 2:20-cv-00941-APG-DJA 4 Plaintiff Order Accepting Report and Recommendation and Closing Case v. [ECF Nos. 1, 3] STATE OF NEW YORK, 7 Defendant 8 On May 28, 2020, Magistrate Judge Albregts recommended that I dismiss this case for lack of subject matter jurisdiction and deny plaintiff Aimee O’Neil’s application to proceed in 10}| forma pauperis as moot. ECF No. 3. O’Neil did not file an objection. Thus, I am not obligated conduct a de novo review of the report and recommendation.

(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,

(9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise” (emphasis in original)). 16 I THEREFORE ORDER that Magistrate Judge Albregts’ report and recommendation 17|| (ECF No. 3) is accepted, plaintiff Aimee O’ Neil’s application to proceed in forma pauperis (ECF No. 1) is DENIED as moot, and this action is dismissed without prejudice for lack of subject matter jurisdiction. The clerk of court is instructed to close this case. 20 DATED this 22nd day of June, 2020. 21 OIE ANDREWP.GORDON. SS 3 UNITED STATES DISTRICT JUDGE