1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA AIMEE O’NEIL, Case No.: 2:21-cv-00063-APG-EJY 4 Plaintiff Order Accepting Report and Recommendation and Setting Deadline for v. Amended Complaint JOVI SALAS and CARLA NAKATANI, [ECF No. 3] 7 Defendants 8 On January 14, 2021, Magistrate Judge Youchah recommended I dismiss plaintiff Aimee O’ Neil’s complaint with leave to amend. ECF No. 3. O’Neil did not file an objection. Thus, I not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. 111) § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the 12}! report or specified proposed findings to which objection is made’); United States v. Reyna- Tapia,

(9th Cir. 2003) (en banc) (“the district judge must review the 14} magistrate judge’s findings and recommendations de novo if objection is made, but not 15}| otherwise” (emphasis in original)). 16 I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation 17|| (ECF No. 3) is accepted and plaintiff Aimee O’ Neil’s complaint (ECF No. 1-1) is dismissed without prejudice for failure to state a claim. 19 I FURTHER ORDER that plaintiff Aimee O’ Neil may file an amended complaint 20}| correcting the deficiencies identified in Magistrate Judge Youchah’s report and recommendation, facts exist to do so. Failure to file an amended complaint by March 12, 2021 will result in dismissal and closure of this case without prejudice. JINR 23 DATED this 10th day of February, 2021. ANDREW P. GORDON UNITED STATES DISTRICT JUDGE