Dillard v. Lovell

Opinion

DISTRICT OF NEVADA

James H. Dillard, II, Case No. 2:23-cv-01242-CDS-DJA

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

Damon Lovell, Marquis Edwards, and [ECF No. 7] Kenneth Rucker, Defendants

Pro se plaintiff James H. Dillard, II brings this defamation action against defendants Damon Lovell, Marquis Edwards, and Kenneth Rucker. Compl., ECF No. 1-1. Because Dillard applied to proceed in forma pauperis, Magistrate Judge Daniel J. Albregts screened the complaint and dismissed it without prejudice for failure to state a claim but allowed Dillard leave to amend. Order, ECF No. 3 at 4. Dillard had until November 27, 2023, to file an amended complaint. Id. Judge Albregts cautioned Dillard that failure to file an amended complaint by that date would result in a recommendation that the action be dismissed. Id. Dillard did not file an amended complaint by the deadline, nor otherwise respond to the court’s order. Thus, on February 5, 2024, Judge Albregts issued a report and recommendation (R&R) that this case be dismissed without prejudice. R&R, ECF No. 7. Under this district’s local rules, parties wishing to object to an R&R must file objections within fourteen days after service of notice. LR IB 3-2(a); see also 28 U.S.C. § 636(b)(1)(C). As of the date of this order, Dillard has neither objected to the R&R nor requested more time to do so. And “no review is required of a magistrate judge’s report and recommendation unless objections are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Still, I nonetheless reviewed Judge Albregts’ order and the docket in this matter. Upon learning that Dillard failed to file an amended complaint as directed, and has filed nothing since, I adopt the in full. Conclusion IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation No. 7] is ADOPTED in its entirety. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice based on Dillard’s failure to file an amended complaint in compliance with Judge Albregts’ October 27, order. The Clerk of Court is kindly directed to enter judgment accordingly and close this case. ll Dated: July 18, 2024 /, J LZ C_—~ CristinaA). Silva we States District Judge