Phillips v. Dotty's Station Casino

District Court, D. Nevada

Phillips v. Dotty's Station Casino

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA WARREN PHILLIPS, Case No.: 2:21-cv-02012-APG-EJY 4 Plaintiff Order Accepting Report and Recommendation v. [ECF Nos. 4, 6] DOTTY’S STATION CASINO, et al., 7 Defendants 8 On January 19, 2022, Magistrate Judge Youchah recommended that I dismiss this matter for lack of subject matter jurisdiction, without prejudice to plaintiff Warren Phillips pursuing his claims in state court. ECF No. 6. Phillips did not object. Thus, I am not obligated to conduct a novo review of the report and recommendation.

28 U.S.C. § 636

(b)(1) (requiring district 12}| courts to “make a de novo determination of those portions of the report or specified proposed 13}| findings to which objection is made”); United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th 14} Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings and 15}|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 17|| (ECF No. 6) is accepted, and this case is dismissed without prejudice to plaintiff Warren Phillips filing his claims in state court. The clerk of court is instructed to close this case. 19 DATED this 11th day of February, 2022. 20 OCA a ANDREWP.GORDON. SS UNITED STATES DISTRICT JUDGE

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