1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * *

9 WILBERT HOLMES, Case No. 2:21-cv-00981-RFB-DJA

10 Plaintiff, ORDER 11 v.

12 RAND BALLARD and CAPUCINE HOLMES, 13 Defendants. 14 15 16 Before the Court for consideration is the Report and Recommendation [ECF No.4] of the 17 Honorable Daniel J. Albregts, United States Magistrate Judge, entered June 29, 2021. 18 A district court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate.”

(b)(1). A party may file specific 20 written objections to the findings and recommendations of a magistrate judge.

636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 22 required to “make a de novo determination of those portions of the report or specified proposed 23 findings or recommendations to which objection is made.”

(b)(1); see also Local 24 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 25 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 26 Thomas v. Arn,

(1985). Pursuant to Local Rule IB 3-2(a), objections were due 27 by July 13, 2021. No objections have been filed. The Court has reviewed the record in this case 28 and concurs with the Magistrate Judge’s recommendations. 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 4] 1s ACCEPTED and ADOPTED in full. 3 IT IS FURTHER. ORDERED that Plaintiff's complaint is dismissed with leave to amend. 5 IT IS FURTHER ORDERED that if Plaintiff wishes to continue with this case, and if he 6 | cancorrect the deficiencies, he has until November 26, 2021, to file an amended complaint. If the 7 | Court adopts this Report and Recommendation, and if Plaintiff choses to amend the complaint, 8 | Plaintiff is informed that the Court cannot refer to a prior pleading (i.e., the original complaint) to make the amended complaint complete. This is because, generally, an amended complaint 10 | supersedes the original complaint. Local Rule 15-1(a) requires that an amended complaint be 11 | complete without reference to any prior pleading. Once a plaintiff file an amended complaint, the 12 | original complaint no longer serves any function in the case. Therefore, in an amended complaint, 13 | asin original complaint, each claim and the involvement of each defendant must be sufficiently alleged. 15 16 The Court Clerk is directed to mail a copy of this order to Plaintiff. DATED: October 26, 2021. AK 19 RICHARD F. BOULWARE, II 0 United States District Judge 21 22 23 24 25 26 27 28

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