Whitesell v. Nye County Sheriff's Office
Whitesell v. Nye County Sheriff's Office
Trial Court Opinion
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA JOHN TONY WHITESELL, Case No.: 2:21-cv-01209-APG-VCF 4 Plaintiff Order Accepting Report and Recommendation v. [ECF No. 17] NYE COUNTY SHERIFF’S OFFICE and ERIC ANDERSON, 7 Defendants 8 On May 5, 2022, Magistrate Judge Ferenbach recommended that I dismiss this case with 9 prejudice because plaintiff John Whitesell did not file an amended complaint by the given 10 deadline. ECF No. 17. Whitesell did not object. Thus, I am not obligated to conduct a de novo 1] review of the report and recommendation.
28 U.S.C. § 636(b)(1) (requiring district courts to 12 “make a de novo determination of those portions of the report or specified proposed findings to 13 which objection is made”); United States v. Reyna-Tapia,
328 F.3d 1114, 1121(9th Cir. 2003) 14 (en banc) (“the district judge must review the magistrate judge’s findings and recommendations 15 de novo if objection is made, but not otherwise” (emphasis in original)). 16 I THEREFORE ORDER that Magistrate Judge Ferenbach’s report and recommendation 17 (ECF No. 17) is accepted and plaintiff John Whitesell’s complaint (ECF No. 1-1) is dismissed 18 with prejudice. The clerk of court is instructed to enter judgment accordingly and to close this 19 case. 20 DATED this 25th day of May, 2022. 21 22 ¢ Gor 3 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
Reference
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