Nair v. Titan Towing

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JAYAKRISHNAN NAIR, et al., Case No.: 2:24-cv-02255-APG-EJY

4 Plaintiffs Order on Reports and Recommendations

5 v. [ECF Nos. 19, 22]

6 TITAN TOWING, et al.,

7 Defendants

8 On April 17, 2025, Magistrate Judge Youchah recommended that I dismiss plaintiff 9 Jayakrishnan Nair’s complaint without leave to amend in federal court, but without prejudice to 10 Nair pursuing his claims in state court. ECF No. 19. A few days later, Nair filed an amended 11 complaint that added plaintiffs and defendants. ECF No. 20. Judge Youchah then issued an 12 amended report and recommendation, again recommending that I dismiss this case without leave 13 to amend in federal court, but without prejudice to the plaintiffs pursuing their claims in state 14 court. ECF No. 22. 15 The plaintiffs did not object. Thus, I am not obligated to conduct a de novo review of the 16 report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo 17 determination of those portions of the report or specified proposed findings to which objection is 18 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the 19 district judge must review the magistrate judge’s findings and recommendations de novo if 20 objection is made, but not otherwise” (emphasis in original)). 21 I THEREFORE ORDER that Magistrate Judge Youchah’s reports and recommendations 22 (ECF Nos. 19, 22) are accepted, and the plaintiffs’ complaints (ECF Nos. 12, 20) are dismissed 23 without leave to amend in federal court, but without prejudice to the plaintiffs pursuing their claims in state court. The clerk of court is instructed to close this case. 3 DATED this 27th day of May, 2025. 4

6 CHIEF UNITED STATES DISTRICT JUDGE

7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23