Mathis v. Amburgey

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 x ok 4 DONTAE MATHIS, Case No. 2:23-cv-00840-APG-NJK 5 Plaintiff, ORDER ON REPORT AND 6 v. RECOMMENDATION 7 M. AMBURGEY, et al., (ECF No. 11) 8 Defendants. 9 10 On December 12, 2023, Magistrate Judge Koppe entered a report and recommendation 11 || that I dismiss this case without prejudice because plaintiff Dontae Mathis has taken no action in 12 || the case since the Ninth Circuit dismissed his appeal. ECF No. 11. Mathis did not object. Thus, I 13 |} am not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. 14 |} § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the 15 || report or specified proposed findings to which objection is made”); United States v. Reyna-Tapia, 16 |} 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate 17 || judge’s findings and recommendations de novo if objection is made, but not otherwise” (emphasis 18 || in original)). 19 I THEREFORE ORDER that Judge Koppe’s report and recommendation (ECF No. 11) is 20 || accepted, and this case is DISMISSED without prejudice. The clerk of court is instructed to 21 || close this case. 22 DATED this 5th day of January, 2024. 23 24 (IER. 25 ANDREW P.GORDON □□□□□ UNITED STATES DISTRICT JUDGE

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