Aytch v. Bed Bath & Beyond

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Martinez Aytch, Case No.: 2:22-cv-02016-JAD-BNW

4 Plaintiff Order Adopting Report and 5 v. Recommendation and Dismissing Case

6 Bed Bath & Beyond, [ECF No. 5]

7 Defendant

8 Martinez Aytch sues Bed Bath & Beyond, alleging that its failure to follow Occupational 9 Safety and Health Act (OSHA) regulations caused him injury. Because he is proceeding in 10 forma pauperis, the magistrate judge screened his complaint, found it failed to state a viable 11 claim, and dismissed that complaint with leave to amend by January 15, 2023. The plaintiff was 12 warned that his failure to file an amended complaint by that deadline would result in a 13 recommendation that this case be dismissed.1 When the plaintiff filed nothing by that deadline, 14 the magistrate judge entered a report and recommendation that this case be dismissed.2 The 15 deadline for the plaintiff to object to that recommendation was February 9, 2023, and he neither 16 filed objections nor moved to extend the deadline to do so. “[N]o review is required of a 17 magistrate judge’s report and recommendation unless objections are filed.”3 Having reviewed 18 the R&R, I find good cause to adopt it, and I do. 19 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and 20 21 22 1 ECF No. 3 at 4. 23 2 ECF No. 5. 3 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Recommendation [ECF No. 5] is ADOPTED in its entirety. This case is DISMISSED, and the Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS CASE. rivers 4 US. District Fudge Jennifer/A. Dorsey February 13, 2023 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23