1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Original Mann, formerly known as Cyrus Case No.: 2:23-cv-01578-CDS-EJY Casby,1 5 Order Adopting Report and Plaintiff Recommendation of the Magistrate Judge 6 v. and Closing Case

7 Usher Raymond, et al., [ECF No. 7]

8 Defendants

9 10 Pro se plaintiff Original Mann, formerly known as Cyrus Casby, commenced this action 11 by filing a complaint but did not apply to proceed in forma pauperis (IFP) or remit the required 12 filing fee. On October 5, 2023, Magistrate Judge Elayna Youchah ordered Mann to either pay the 13 $402 filing fee or file a complete IFP application. Order, ECF No. 3. Mann complied with the 14 court’s order and submitted an IFP application. ECF No. 4. Thereafter, Judge Youchah granted 15 Mann’s application to proceed in forma pauperis (ECF No. 4) but dismissed his complaint (ECF 16 No. 1-1) for failure to state a claim upon which relief can be granted, with leave to amend. Order, 17 ECF No. 6. Mann had until November 30, 2023 to file a first amended complaint curing the 18 deficiencies identified in the order. Id. After finding that Mann failed to amend his complaint 19 before the deadline, Judge Youchah recommends that the complaint be dismissed without 20 prejudice. Report and Recommendation (R&R), ECF No. 7. 21 Under this district’s local rules, Mann had until December 22, 2023 to file objections to 22 the R&R. LR IB 3-2(a). As of the date of this order, no objections have been filed. Although I am 23 not required to review Judge Youchah’s R&R2, I nonetheless reviewed it and the docket, and 24

1 In his prison records, and his own filings, plaintiff’s name is spelled “Casby” not “Gasby.” The clerk is 25 kindly instructed to change the docket to reflect the proper spelling of plaintiff’s last name. 26 2 “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.” Schmidt v. Johnstone,

(D. Ariz. 2003); see also Thomas v. Arn,

(1985); United States v. Reyna-Tapia,

(9th Cir. 2003). agree with her findings. Mann’s complaint does not state an identifiable claim for relief adequate 2}| to fairly alert defendants of the claims against them and the grounds upon which they rest. See ECF No. 1-1. Mann has not filed an amended complaint, nor did he request any additional time 4|| to file one. Instead, Mann submitted a “status request” ? which did not contain objections to the 5] R&R nor any explanation or good cause for his failure to file objections and/or an amended complaint. ECF No. 8. As such, I adopt the R&R in full and dismiss the complaint without 7|| prejudice. 8 Conclusion 9 IT IS THEREFORE ORDERED that Magistrate Judge Youchah’s Report and Recommendation [ECF No. 7] is ADOPTED in its entirety. 1 IT IS FURTHER ORDERED that the plaintiff's complaint is dismissed without 12]| prejudice. The Clerk of Court is kindly instructed to close this case. / 1B DATED: January 9, 2024 LZ 4 5 Cristi Silva nite tates District Judge 16 17 18 19 20 21 22 23 24 25, —__ > The court notes, however, that as plaintiff in this action, it is Mann’s obligation to monitor the court’s 261| docket ona regular basis, in order to keep himself advised of the case status. See Inre Delaney,

, 517 (9th Cir. 1994) (parties have an “affirmative duty” to monitor the docket to determine entry of orders).