Johnson v. Barclay Damon LLP

2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Robert Johnson, Case No. 2:24-cv-01576-CDS-EJY 5 Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case 6 v. Barclay Damon LLP, [ECF No. 3] 8 Defendant 10 On September 3, 2024, Magistrate Judge Elayna Youchah issued a report and recommendation (“R&R”) recommending that I dismiss plaintiff Robert Johnson’s application to proceed in forma pauperis (ECF No. 1) and dismiss with prejudice Johnson’s claims against defendant Barclay Damon LLP for lack of personal jurisdiction. R&R, ECF No. 3. Johnson had until September 17, 2024, to file any objections to the R&R. Id. at 4 (citing LR IB 3-2(a) (stating that parties wishing to object to an R&R must file objections within fourteen days)); see also 28 16 U.S.C. § 636(b)(1)(C) (same). As of the date of this order, Johnson has neither objected to the R&R nor requested more time to do so. “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.” 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 20 1114, 1121 (9th Cir. 2003). As no objections have been filed, I adopt the R&R in full and dismiss this action with prejudice.

22 Pro se litigants should be given leave to amend unless it is absolutely clear that the defective complaint cannot be cured by amendment. Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th Cir. 1995). Because Johnson does not allege that Barclay Damon LLP has ever purposefully availed itself of doing business within Nevada, there are no grounds to believe that this infirmity could be corrected by granting leave to amend, making amendment futile.

1 Conclusion 2 IT IS THEREFORE ORDERED that Judge Youchah’s report and recommendation [ECF No. 3] is adopted in its entirety. The action is now dismissed with prejudice. The Clerk of 4] Court is kindly instructed to enter judgment accordingly and to close the case.

5 Dated: October 7, 2024 /, / SLL.

7 ie —— 3 tates District Judge / ll