Riles v. Carlson

2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Brittany Riles, et al., Case No. 2:24-cv-01070-CDS-BNW 5 Plaintiffs Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case 6 v. Tucker Carlson, et al., [ECF No. 11] 8 Defendants 10 On August 26, 2024, Magistrate Judge Brenda Weksler issued a report and recommendation (R&R) to dismiss this action without prejudice for plaintiffs’ failure to prosecute the case and comply with court orders. R&R, ECF No. 11 (citing Hells Canyon Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that courts may dismiss an action under Federal Rule of Civil procedure 41(b) sua sponte for failure to prosecute a case or obey court orders)). Specifically, plaintiff Anysha Cox failed to heed a court order requiring her to file an amended complaint and update her mailing address, and plaintiff Brittany Riles failed to comply with the order requiring her to pay filing fees or file her own application to proceed in forma pauperis and update her mailing address. ECF No. 11 at 1. The deadlines to comply with these orders have passed. ECF No. 4; ECF No. 6; ECF No. 8; and ECF No. 10 21 Riles and Cox had until September 9, 2024, to file any objections to the R&R. ECF No. 11 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 U.S.C. § 636(b)(1)(C) (same). As of the date of this order, neither Cox or Riles have objected to the R&R nor have they requested more time to do so.

25 “[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 1114, 1121 (9th Cir. 2003). As no 2] objections have been filed, 1 adopt the R&R in full and dismiss this action without prejudice.!

3 Conclusion 4 IT IS THEREFORE ORDERED that Judge Weksler’s report and recommendation [ECF No. 11] is adopted in its entirety. This action is now dismissed without prejudice. The Clerk of 6|| Court is kindly instructed to enter judgment accordingly ane| to close this case.

7 Dated: October 7, 2024 /, / LZ.

10 7 States District Judge / ll ‘Judge Weksler found that the Malone v. US. Postal Serv. factors weighed in favor of dismissal. 833 F.2d 128, 130 (9th Cir. 1987). ECF No. ll at 2.