Miyabara v. Sutera
Miyabara v. Sutera
Trial Court Opinion
1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Stanley Keith Miyabara, Case No. 2:22-cv-02180-CDS-BNW
5 Plaintiff
6 v. Order Adopting Magistrate Judge’s Report & Recommendation and Closing Case 7 Maylene Sutera, et al., [ECF No. 15] 8 Defendants
9 10 Magistrate Judge Brenda Weksler issued a Report and Recommendation (R&R) 11 recommending that I dismiss this action based on pro se plaintiff Stanley Miyabara’s unclear 12 claims and failure to comply with the court’s previous order. In April, Judge Weksler screened 13 Miyabara’s initial complaint and dismissed it without prejudice, ordering him to file an amended 14 complaint, if he chooses, addressing various deficiencies—including failure to state a claim. ECF 15 No. 7. Miyabara timely filed an amended complaint. ECF No. 13. Judge Weksler screened the 16 amended complaint and recommends that this case be dismissed without prejudice because the 17 complaint again fails to state a claim and is “difficult to follow.” R&R, ECF No. 15. 18 Under this district’s local rules, the deadline for Miyabara to object to the R&R was 19 August 1, 2023. See LR IB 3-2(a) (stating that parties wishing to object to the R&R must do so 20 within fourteen days). As of the date of this order, Miyabara has neither objected to the R&R, 21 nor has he requested more time to do so. “[N]o review is required of a magistrate judge’s report 22 and recommendation unless objections are filed.” Schmidt v. Johnstone,
263 F. Supp. 2d 1219, 1226 23 (D. Ariz. 2003); see also Thomas v. Arn,
474 U.S. 140, 150(1985); United States v. Reyna-Tapia,
328 F.3d 24 1114, 1121(9th Cir. 2003). I nonetheless reviewed Judge Weksler’s R&R and agree with her 25 findings; the complaint is bereft of any allegations that would support this court’s exercise of 26 jurisdiction over the matter. Accordingly, with no objection filed, I adopt the magistrate judge’s 2|| R&R in its entirety. 3 Conclusion 4 IT IS THEREFORE ORDERED that Magistrate Judge Weksler’s Report and Recommendation [ECF No. 15] is ADOPTED in its entirety. This case is dismissed with prejudice. The Clerk of Court is instructed to enter judgment accordingly and CLOSE THIS CASE. 8 DATED August 7, 2023 9 J, / 10 { 4. Cristi D. Silva . United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24
Reference
- Status
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