Gaines v. Manzanitas

Opinion

KWAME GAINES, Case No.: 2:21-cv-02029-APG-EJY 4 Plaintiff Order Accepting Report and Recommendation and Dismissing Case v. [ECF No. 3] KATHERINE MANZANITAS, et al., 7 Defendants 8 On November 22, 2021, Magistrate Judge Youchah recommended that I dismiss plaintiff Kwame Gaines’s complaint for lack of subject matter jurisdiction, without prejudice to Gaines 10} asserting his claims in state court. Gaines did not object. Thus, I am not obligated to conduct a novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district 12}| courts to “make a de novo determination of those portions of the report or specified proposed 13}| findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 14} Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings and 15}|recommendations de novo if objection is made, but not otherwise” (emphasis in original)). 16 I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation 17|| (ECF No. 3) is accepted, and plaintiff Kwame Gaines’s complaint (ECF No. 1-1) is dismissed for 18} lack of subject matter jurisdiction, without prejudice to Gaines filing his claims in state court. The clerk of court is instructed to close this case. 20 DATED this 15th day of December, 2021. 21 UIE ANDREWP.GORDON. SS 3 UNITED STATES DISTRICT JUDGE