Warren v. Walker John & Debra Trust

District Court, D. Nevada

Warren v. Walker John & Debra Trust

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ALLANNA WARREN, Case No.: 2:23-cv-01504-APG-EJY

4 Plaintiff Order Accepting Report and Recommendation and Closing Case 5 v. [ECF No. 48] 6 WALKER JOHN & DEBRA TRUST, et al.,

7 Defendants

8 On January 31, 2025, Magistrate Judge Youchah recommended that I dismiss plaintiff 9 Allanna Warren’s claims under the First Amendment and

18 U.S.C. §§ 241

, 249, and 1038 with 10 prejudice. ECF No. 48 at 4. Judge Youchah also recommended that I dismiss Warren’s state law 11 defamation and false statement claims with prejudice to replead them in federal court, but 12 without prejudice to Warren pursuing those claims in state court.

Id. at 5

. Warren did not object. 13 Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28

14 U.S.C. § 636

(b)(1) (requiring district courts to “make a de novo determination of those portions 15 of the report or specified proposed findings to which objection is made”); United States v. 16 Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc) (“the district judge must review the 17 magistrate judge’s findings and recommendations de novo if objection is made, but not 18 otherwise” (emphasis in original)). 19 I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation 20 (ECF No. 48) is accepted. Plaintiff Allanna Warren’s claims under the First Amendment and 18

21 U.S.C. §§ 241

, 249, and 1038 are dismissed with prejudice. Warren’s state law defamation and 22 false statement claims are dismissed with prejudice to replead them in federal court, but without 23 prejudice to Warren pursuing those claims in state court. ] I FURTHER ORDER the clerk of court to close this case. 2 DATED this 20th day of February, 2025. CG 4 ANDREW P.GORDON s—s— 5 CHIEF UNITED STATES DISTRICT JUDGE

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Reference

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