Mesloh v. Walmart

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 MATTHEW TIMOTHY MESLOH, 5 Plaintiff, Case No. 3:24-CV-00494-ART-CLB 6 v. ORDER ADOPTING REPORT AND

8 Defendant.

9 10 Plaintiff Matthew Timothy Mesloh brought this action in November 2024, 11 alleging civil rights claims against Defendant Walmart. Before the Court is 12 Magistrate Judge Carla Baldwin’s report and recommendation (R&R) (ECF No. 13 23). The R&R recommends that the Court dismiss this action based on Plaintiff’s 14 failure to timely file a second amended complaint in compliance with the Court’s 15 orders. 16 Magistrate judges are empowered to issue reports and recommendations 17 on dispositive issues, which district judges may “accept, reject, or modify, in 18 whole or in part.” 28 U.S.C. § 636(b)(1)(C). Where, as here, neither party objects 19 to a magistrate judge's recommendation, the district court is not required to 20 perform any review of that judge's conclusions. See Thomas v. Arn, 474 U.S. 140, 21 150 (1985). 22 Judge Baldwin explains that after dismissing the first complaint with leave 23 to amend, the Court granted Plaintiff several extensions to file an amended 24 complaint. (ECF No. 23 at 1–2.) After the second extension, the Court cautioned 25 Plaintiff that failure to file a second amended complaint would result in a 26 recommendation of dismissal of this action. (Id. at 2.) Plaintiff did not file an 27 amended complaint. (Id.) Judge Baldwin therefore recommends that this action 28 be dismissed for lack of prosecution. (Id. at 3.) 1 Mesloh has not objected to Judge Baldwin’s R&R, and his time to do so has 2 || now expired. The Court agrees with Judge Baldwin’s reasoning and adopts her 3 || R&R in full. 4 || Conclusion 5 It is therefore ordered that Judge Baldwin’s report and recommendation 6 || (ECF No. 23) is adopted in so far as it recommends dismissal. 7 Accordingly, this action is dismissed without prejudice. 8 The Clerk of Court is directed to close this case and enter judgment 9 || accordingly. 10 11 DATED: March 26, 2025 12 13 oan Pee Massed 1S ANNER.TRAUM 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28