Nemeth v. Clark County Public Defender Office
Nemeth v. Clark County Public Defender Office
Trial Court Opinion
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MARK NEMETH, Case No.: 2:22-cv-00987-APG-NJK
4 Plaintiff Order Accepting Report and Recommendation and Dismissing Case 5 v. [ECF No. 4] 6 CLARK COUNTY PUBLIC DEFENDER OFFICE, et al., 7 Defendants 8
9 On July 19, 2022, Magistrate Judge Koppe recommended that I dismiss this case because 10 plaintiff Mark Nemeth’s complaint failed to state a claim and amendment would be futile. ECF 11 No. 4. Nemeth did not object. Thus, I am not obligated to conduct a de novo review of the 12 report and recommendation.
28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo 13 determination of those portions of the report or specified proposed findings to which objection is 14 made”); United States v. Reyna-Tapia,
328 F.3d 1114, 1121(9th Cir. 2003) (en banc) (“the 15 district judge must review the magistrate judge’s findings and recommendations de novo if 16 objection is made, but not otherwise” (emphasis in original)). 17 I THEREFORE ORDER that Magistrate Judge Koppe’s report and recommendation 18 (ECF No. 4) is accepted, and plaintiff Mark Nemeth’s complaint is DISMISSED without 19 prejudice. The clerk of court is instructed to close this case. 20 DATED this 9th day of August, 2022. 21
22 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 23
Reference
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