Albanese v. Homeland Security of U.S.

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

GRACE A. ALBANESE, Case No.: 2:21-cv-01049-APG-DJA 4 Plaintiff Order Accepting Report and Recommendation and Dismissing Case v. [ECF Nos. 1, 3] HOMELAND SECURITY OF USS.,

7 Defendant

8 On June 8, 2021, Magistrate Judge Albregts recommended that I dismiss plaintiff Grace Albanese’s complaint because she has previously been found to be a vexatious litigant but she 10}| failed to obtain leave from the Chief Judge of this court before commencing this case. ECF No. Albanese did not object. Thus, I am not obligated to conduct a de novo review of the report recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo 13} determination of those portions of the report or specified proposed findings to which objection is 14! made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the 15}| district judge must review the magistrate judge’s findings and recommendations de novo if 16}| objection is made, but not otherwise” (emphasis in original)).

17 I THEREFORE ORDER that Magistrate Judge Albregts’ report and recommendation (ECF No. 3) is accepted, plaintiffs complaint (ECF No. 1-2) is DISMISSED without prejudice to plaintiff filing a complaint in a new action if she first obtains leave to do so from the Chief Judge of this court, and plaintiff's application to proceed in forma pauperis (ECF No. 1) is 21]/DENIED as moot. The clerk of court is instructed to close this case.

22 DATED this 6th day of June, 2021. OIA

ANDREW P. GORDON

UNITED STATES DISTRICT JUDGE