Lewis v. Kraig

Opinion

SAMMEON LEWIS, Case No.: 2:24-cv-00158-APG-NJK 4 Plaintiff Order Accepting Report and Recommendation and Dismissing Case v. [ECF No. 5] JULIE KRAIG, 7 Defendant 8 On February 27, 2024, Magistrate Judge Koppe recommended that I dismiss this case 9 because plaintiff Sammeon Lewis’s original complaint did not establish subject matter jurisdiction and he did not file an amended complaint by the given deadline. ECF No. 16. Lewis did not object. Thus, I am not obligated to conduct a de novo review of the report and 12} recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the report or specified proposed findings to which objection is 14! made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the 15} district judge must review the magistrate judge’s findings and recommendations de novo if 16} objection is made, but not otherwise” (emphasis in original)). 17 I THEREFORE ORDER that Magistrate Judge Koppes’ report and recommendation (ECF No. 5) is accepted and this case is dismissed for lack of subject matter jurisdiction. The 19} clerk of court is instructed to close this case. 20 DATED this 14th day of March, 2024. ANDREWP.GORDON. SS 3 UNITED STATES DISTRICT JUDGE