Lozano Lozano v. Torres

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA MABEL LOZANO LOZANO, Case No.: 2:21-cv-01829-APG-EJY 4 Plaintiff Order Accepting Report and Recommendation v. [ECF No. 4] LORENA TORRES, 7 Defendant 8 On October 12, 2021, Magistrate Judge Youchah recommended that plaintiff Mabel Lozano Lozano’s initiating documents be dismissed without prejudice, and that Lozano Lozano be given 30 days to file a complaint correcting identified deficiencies, not to exceed 30 pages, including exhibits. ECF No. 4. Lozano Lozano did not object. Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the report or specified proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (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)).

17 I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation (ECF No. 4) is accepted. Plaintiff Mabel Lozano Lozano’s initiating documents (ECF Nos. 2 through 2-4) are DISMISSED without prejudice.

20 I FURTHER ORDER that plaintiff Mabel Lozano Lozano may file a complaint correcting the deficiencies identified in Magistrate Judge Youchah’s report and recommendation, if facts exist to do so. The complaint must not exceed 30 pages, including exhibits. Failure to file a complaint by December 1, 2021 will result in dismissal of this action without prejudice and the case being closed.

3 DATED this Ist day of November, 2021. > ANDREWP.GORDON sits 6 UNITED STATES DISTRICT JUDGE 1]