Cohan v. Smith

District Court, D. Nevada

Cohan v. Smith

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA JAMES E. COHAN, Case No.: 2:21-cv-00531-APG-NJK 4 Plaintiff Order Accepting Report and Recommendation v. [ECF No. 9] 6|| JOHN SMITH and LAS VEGAS METROPOLITAN POLICE 7|| DEPARTMENT, 8 Defendants 9 On December 7, 2021, Magistrate Judge Koppe recommended that I dismiss plaintiff 10}| James Cohan’s case because he did not pay the filing fee or file an application for leave to proceed in forma pauperis by the court-ordered deadline. ECF No. 9. Cohan did not object. Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 13]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 16}| magistrate judge’s findings and recommendations de novo if objection is made, but not 17|| otherwise” (emphasis in original)). 18 I THEREFORE ORDER that Magistrate Judge Koppe’s report and recommendation (ECF No. 9) is accepted. Plaintiff James Cohan’s complaint (ECF No. 1-1) is dismissed without 20] prejudice. The clerk of court is instructed to close this case. 21 DATED this 6th day of January, 2022. Ze— 23 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

Reference

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