Lacey Edward Cain v. Noah Martin Burruss
Lacey Edward Cain v. Noah Martin Burruss
Trial Court Opinion
1
2
3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 LACEY EDWARD CAIN, Case No. 2:25-cv-01251-ART-BNW 6 Plaintiff, ORDER 7 v.
8 NOAH MARTIN BURRUSS,
9 Defendant.
10 Before the Court is Ms. Cain’s amended complaint. (ECF No. 14.) 11 Magistrate Judge Brenda N. Weksler issued a Report and Recommendation 12 (“R&R) dismissing the complaint with prejudice, because it suffers from the same 13 problems identified in the original complaint, namely, it fails to state a claim upon 14 which relief can be granted. (ECF No. 15.) 15 Under the Federal Magistrates Act, a court “may accept, reject, or modify, 16 in whole or in part, the findings or recommendations made by [a] magistrate 17 judge.”
28 U.S.C. § 636(b)(1). Where a party timely objects to a magistrate judge's 18 report and recommendation, then the court is required to “make a de 19 novo determination of those portions of the [report and recommendation] to which 20 objection is made.”
28 U.S.C. § 636(b)(1). A court is not required to conduct “any 21 review at all . . . of any issue that is not the subject of an objection.” Thomas v. 22 Arn,
474 U.S. 140, 149(1985). 23 Plaintiff has not filed an objection to the magistrate judge’s R&R and her 24 time to do so has now expired. (ECF No. 15.) 25 The magistrate judge granted Ms. Cain leave to amend her original 26 complaint to include a short and plain statement describing the underlying case, 27 the location of those claims, and the grounds for the Court’s jurisdiction. (ECF 28 1 || No. 3.) In her amended complaint, Ms. Cain still fails to state a claim upon which 2 || relief can be granted. (ECF No. 12.) The Court agrees with the magistrate judge’s 3 || reasoning and adopts her R&R in full. 4 I. CONCLUSION 5 It is therefore ordered that the Report and Recommendation (ECF No. 15) 6 || is adopted in full. 7 It is further ordered that Ms. Cain’s amended complaint (ECF No. 12) is 8 || DISMISSED without leave to amend. 9 It is further kindly ordered that the Clerk CLOSE this case. 10 11 Dated this 13 day of November, 2025. 12 13 Ana jlosed den 14 ANNE R. TRAUM 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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