Enerkon Solar International, Inc. v. Capello

Opinion

5 UNITED STATES DISTRICT COURT

6 DISTRICT OF NEVADA

7 * * * 8

9 ENERKON SOLAR INTERNATIONAL, Case No. 2:21-cv-01122-JCM-VCF INC., 10 ORDER Plaintiff, 11 v.

12 JOHN V. CAPELLO, et al.,

13 Defendants.

14 15 Presently before the court is Magistrate Judge Cam Ferenbach’s report and 16 recommendation (“R&R”). (ECF No. 93). He recommends that the case be dismissed for 17 failure to prosecute. Specifically, he notes that plaintiff has failed to appear for two separate 18 hearings, and recommends that default judgment be entered in favor of counter claimants Sea 19 Friends Incorporated and Michael Studer. 20 No objections were filed to the R&R. Thus, the court is not obligated to conduct a de 21 novo review of the R&R. 28 U.S.C. § 636(b)(1) (requiring courts to “make a de novo 22 determination of those portions of the report or specified proposed findings to which 23 objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en 24 banc) (“[T]he district judge must review the magistrate judge’s findings and 25 recommendations de novo if objection is made, but not otherwise.” (emphasis in original)). 26 Accordingly, 27 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judge Ferenbach’s 28 R&R (ECF No. 93) be, and the same hereby is, ADOPTED, in full. 1 IT IS FURTHER ORDERED that this case be DISMISSED for want of prosecution. 2 The clerk is instructed to enter judgment accordingly and close the case. 3 DATED THIS 2°4 day of November 2022. 4 5 / □□ iti ©. Atallan JAMES'C. MAHAN 6 UNITED STATES DISTRICT JUDGE 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28