1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3

4 Randy Scott Moody, Case No. 2:24-cv-02079-CDS-BNW

5 Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case 6 v.

7 Marilynn Roberge Malerba, [ECF No. 11] 8 Defendant

9 10 Plaintiff Randy Moody initiated this case in November 2024 by filing a complaint and 11 the civil case filing fee. Compl., ECF No. 1. In March 2025, United States Magistrate Judge Brenda 12 Weksler ordered Moody to serve defendant Marilynn Malerba by June 11, 2025. Order, ECF No. 13 10. Judge Weksler cautioned Moody that failure to do so would result in a recommendation that 14 the action be dismissed. Id. The deadline passed, and Moody did not provide proof of service or 15 otherwise respond. Thus, Judge Weksler issued a report and recommendation (R&R) that this 16 case be dismissed. R&R, ECF No. 11. 17 Moody had until July 25, 2025, to file any objections to the R&R. Id.; LR IB 3-2(a) 18 (stating that parties wishing to object to an R&R must file objections within fourteen days); see 19 also

(b)(1)(C) (same). Moody has neither objected to the R&R nor requested more 20 time to do so; and “no review is required of a magistrate judge’s report and recommendation 21 unless objections are filed.” Schmidt v. Johnstone,

(D. Ariz. 2003); see also 22 Thomas v. Arn,

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

(9th Cir. 23 2003). I nonetheless reviewed the magistrate judge’s R&R and agree that the factors found In re 24 Phenylpropanolamine Prod. Liab. Litig.1 weigh in favor of dismissal. ECF No. 11. So I accept the R&R in 25 full. 26

1

, 1226 (9th Cir. 2006) 1 Conclusion 2 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation 3 || [ECF No. 11] is accepted and adopted in its entirety. This action is DISMISSED without 4 ||prejudice based on Moody’s failure to serve the complaint in compliance with Judge Weksler’s 5 and the Federal Rules of Civil Procedure. 6 The Clerk of Court is kindly directed to enter judgment accordingly, and to close this 7 ) 8 Dated: July 31, 2025 /, / 9 LZ / _ 10 ist oD. Siva I yee States District Judge ll [ 12 ‘

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