Douglas v. Autovest LLC

District Court, D. Nevada

Douglas v. Autovest LLC

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA

5 SEAN EDWARD McCLAIN-DOUGLAS, Case No.: 2:21-cv-01576-CDS-BNW

6 Plaintiff, Order Adopting Report and 7 v. Recommendation

8 AUTOVEST LLC, et al, [ECF No. 8]

9 Defendants.

10 11 Before the Court is the Report and Recommendation (R&R) of United States Magistrate 12 Judge Brenda Weksler entered on April 20, 2022. ECF No. 8. 13 The R&R recommends that the Court dismiss Plaintiff’s complaint for failing to file an 14 amended complaint curing the issues set forth in Magistrate Judge Weksler’s Screening Order. 15 See Screening Order, ECF No. 6. The Plaintiff was given the option of filing an amended 16 complaint on or before April 15, 2022 and was advised that if he did not do so, this case would be 17 dismissed. Id. at 4. Plaintiff failed to file an amended complaint by the deadline. As a result, the 18 R&R was issued recommending dismissal. ECF No. 7. The deadline for any party to object to 19 that recommendation was May 4, 2022. 20 Plaintiff did not file an objection, nor did the plaintiff ask the Court to extend the 21 deadline to do so. “[N]o review is required of a magistrate judge’s report and recommendation 22 unless objections are filed.”1 I nevertheless conducted a de novo review of the issues set forth in 23 the report and recommendation.

28 U.S.C. § 636

(b)(1). Judge Weksler sets forth the proper legal 24

1 Schmidt v. Johnstone,

263 F. Supp. 2d 1219, 1226

(D. Ariz. 2003); see also Thomas v. Arn,

474 U.S. 140, 150

(1985); United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003). 1 analysis and factual basis in the R&R, and the screening order that is the underlying basis for 2 the R&R. 3 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and 4 Recommendation [ECF No. 8] is ADOPTED in its entirety. 5 IT IS FURTHER ORDERED that the Plaintiff’s Complaint is STRICKEN and the case is 6 DISMISSED WITH PREJUDICE. 7 The Clerk of Court is directed to close the case. 8 DATED this 6th day of May, 2022. 9 ______________________________________ U.S. District Judge Cristina D. Silva 10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 2

Reference

Status
Unknown