Munoz v. McDonough

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

JONATHAN MUNOZ, Case No.: 2:21-cv-00430-APG-EJY 4 Plaintiff Order Accepting Report and Recommendation v. [ECF No. 10] DENIS MCDONOUGH,

7 Defendant

8 On October 29, 2021, Magistrate Judge Youchah recommended that plaintiff Jonathan Munoz’s amended complaint be dismissed, and that Munoz be given another opportunity to file an amended complaint. ECF No. 10. Munoz has not objected. Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(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, 328 F.3d 1114, 14} 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)). 16 I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation (ECF No. 10) is accepted and plaintiff Jonathan Munoz’s amended complaint (ECF No. 7) is 18} dismissed without prejudice. Plaintiff Jonathan Munoz shall have until November 30, 2021 to file a second amended complaint that corrects the deficiencies identified in Judge Youchah’s report and recommendation. Failure to file a second amended complaint by that date will result this action being dismissed with prejudice.

22 DATED this 19th day of November, 2021. OIA

23 ANDREWP.GORDON ———s—s—s UNITED STATES DISTRICT JUDGE