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2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * * 6 CLAYTON-M. BERNARD-EX, Case No. 2:22-cv-01885-MMD-EJY

7 Plaintiff, ORDER v. 8 BOARD OF COUNTY 9 COMMISSIONERS,

10 Defendant. 11 12 Pro se Plaintiff Clayton-M. Bernard-Ex brings this action against Defendant Board 13 of County Commissioners under

. (ECF Nos. 1-2, 1-3.) Before the Court 14 is the Second Report and Recommendation (“R&R”) of United States Magistrate Judge 15 Elayna J. Youchah, recommending that the Court dismiss the case without prejudice for 16 Plaintiff’s failure to file a complaint and comply with the Court’s prior order. (ECF No. 5.) 17 Plaintiff’s objection to the Second R&R was due February 21, 2023. To date, Plaintiff has 18 not objected to the Second R&R. For this reason, and as explained below, the Court 19 adopts the Second R&R in full and dismisses this case without prejudice. 20 Because there was no objection, the Court need not conduct de novo review, and 21 is satisfied that Judge Youchah did not clearly err. See United States v. Reyna-Tapia, 22

(9th Cir. 2003) (“De novo review of the magistrate judges’ findings 23 and recommendations is required if, but only if, one or both parties file objections to the 24 findings and recommendations.”) (emphasis in original). The Court previously adopted 25 Judge Youchah’s First R&R, directed the Clerk of Court to send Plaintiff the approved 26 form for filing a § 1983 complaint and instructions for the same, and ordered Plaintiff to 27 file his complaint by December 15, 2022. (ECF No. 4.) In that order, the Court also warned 1 || case. (/d.) The deadline has long passed, and despite receiving adequate warning, 2 || Plaintiff has not filed a complaint, requested an extension, or otherwise responded to the 3 || Court’s order or Judge Youchah’s R&Rs. Accordingly, the Court adopts Judge □□□□□□□□□ 4 || Second R&R in full and dismisses the case without prejudice. See Thompson v. Hous. 5 || Auth. of City of L.A.,

(9th Cir. 1986); Malone v. U.S. Postal Serv., 833 6 || F.2d 128, 130 (9th Cir. 1987); Ferdik v. Bonzelet,

(9th Cir. 1992). 7 It is therefore ordered that Judge Youchah’s Second Report and Recommendation 8 || (ECF No. 5) is accepted and adopted in full. 9 It is further ordered that this case is dismissed without prejudice for Plaintiff's failure 10 || to comply with the Court’s order. 11 The Clerk of Court is directed to enter judgment accordingly and close this case. 12 DATED THIS 27" Day of February 2023. 13 / C 14 IRANDA M. DU 15 CHIEF UNITED STATES DISTRICT JUDGE

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