Munoz v. Benson

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 BRIAN MUNOZ, 4 Plaintiff, Case No. 3:24-CV-00048-ART-CLB 5 v. ORDER ADOPTING REPORT AND 6 BENSON, et al., RECOMMENDATION

7 Defendants.

8 9 Before the Court is Judge Baldwin’s report and recommendation (“R&R”) 10 recommending dismissal of this action without prejudice for failure to update 11 address. (ECF No. 32.) For the following reasons, the Court adopts the R&R in 12 full. 13 Magistrate judges are empowered to issue reports and recommendations 14 on dispositive issues, which district judges may “accept, reject, or modify, in 15 whole or in part.” 28 U.S.C. § 636(b)(1)(C). Where, as here, neither party objects 16 to a magistrate judge's recommendation, the district court is not required to 17 perform any review of that judge's conclusions. See Thomas v. Arn, 474 U.S. 140, 18 150 (1985). 19 Judge Baldwin recommends dismissal of this action without prejudice 20 because Mr. Munoz has failed to update his address despite a Court order to do 21 so. (ECF Nos. 32, 28.) Mr. Munoz updated his address on November 12, 2024. 22 (ECF No. 12.) However, mail sent to Mr. Munoz at that address has since been 23 returned as undeliverable. (ECF Nos. 16, 20, 27, 29, 31, 34.) Judge Baldwin 24 issued a minute order warning Mr. Munoz that failure to update his address may 25 result in dismissal on March 21, 2025. (ECF No. 28.) On April 25, 2025, Judge 26 Baldwin issued this R&R recommending dismissal. Mr. Munoz has not objected 27 to Judge Baldwin’s R&R, and his time to do so has now expired. (ECF No. 32 at 28 3.) The Court agrees with Judge Baldwin’s reasoning and adopts her R&R in full. 1 It is therefore ordered that Judge Baldwin’s report and recommendation 2 || (ECF No. 32) is adopted. 3 It is further ordered that this action is dismissed without prejudice. 4 The Clerk of Court is directed to close this case and enter judgment 5 || accordingly. 6 7 DATED: May 16, 2025 8 9 an 1 Ares Nosed? 1 ANNER TRAUM 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28