Bey v. State of Nevada

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 BAHATI BEY, Case No. 2:25-cv-00189-MMD-DJA

7 Plaintiff, ORDER v. 8 STATE OF NEVADA, et al., 9 Defendants. 10 11 Pro se Plaintiff Bahati Bey, brings this action under 42 U.S.C. § 1983 and the 12 Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. Before the 13 Court is United States Magistrate Judge Daniel J. Albregts’ Report and Recommendation 14 (ECF No. 6 (“R&R”)), recommending that the Court dismiss this case without prejudice. 15 Plaintiff had until September 8, 2025 to file an objection. To date, no objection has been 16 filed. For this reason, and as explained below, the Court adopts the R&R in full and will 17 dismiss this case without prejudice. 18 Because there was no objection, the Court need not conduct de novo review. See 19 United States v. Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of 20 the magistrate judges’ findings and recommendations is required if, but only if, one or 21 both parties file objections to the findings and recommendations.”) (emphasis in original). 22 Judge Albregts recommends dismissal without prejudice because Plaintiff filed an 23 incomplete application to proceed in forma pauperis (ECF No. 4) and the Court ordered 24 Plaintiff to file an updated application or pay the filing fee by April 23, 2025. (ECF No. 5 25 (“Order”).) Because Plaintiff has not complied with the Order and has not filed anything 26 further on the docket, Judge Albregts recommends dismissing Plaintiff’s case without 27 prejudice pursuant to Federal Rule of Civil Procedure 41(b). (ECF No. 6 at 1-2.) The Court 28 is satisfied that Judge Albregts did not clearly err. 1 It is therefore ordered that Judge Albregts’ Report and Recommendation (ECF No. 2 || 6) is accepted and adopted in full. 3 It is further ordered that this case is dismissed, in its entirety, without prejudice. 4 The Clerk of Court is directed to enter judgment accordingly and close this case. 5 DATED THIS 17" Day of September 2025. 6

8 MIRANDAM.DU □□□□□ 9 UNITED STATES DISTRICT JUDGE

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