Porter v. Laborers Union Local 872

Opinion

1 DISTRICT OF NEVADA 3 4 Alfred D. Porter, Case No. 2:23-cv-00551-CDS-VCF

5 Plaintiff Order Adopting Magistrate Judge’s Report & Recommendation and Closing Case 6 v. [ECF No. 7] 7 Laborers Union Local 872, et al.,

8 Defendants 9 10 Magistrate Judge Cam Ferenbach recommended that I dismiss this action based on pro 11 se plaintiff Alfred D. Porter’s failure to file an amended complaint and for failing to update his 12 address as required by the local rules. See generally, R&R, ECF No. 7 (citing order, ECF No. 5). 13 Judge Ferenbach’s order dismissed Porter’s complaint without prejudice and ordered him to file 14 an amended complaint addressing the identified deficiencies, and to update his address within 15 30 days. ECF No. 5 at 4. That same order advised Porter that his failure to file an amended 16 complaint and to update his address by May 24, 2023, would result in Porter waiving his right 17 to appeal the District Court’s order and the dismissal of this action. Id. at 5. Porter was also 18 advised that he had 14 days to file an objection to that order. Id. at 4–5. 19 Porter did not respond to that order or file any objection to the same so Judge Ferenbach 20 recommended that this case be dismissed without prejudice. ECF No. 7. Under this district’s 21 local rules, the deadline for Porter to object to the R&R was June 13, 2023. See LR IB 3-2(a) 22 (stating that parties wishing to object to the R&R must file objections within fourteen days). As 23 of the date of this order, Porter has neither objected to the R&R nor has he requested more time 24 to do so. Accordingly, with no objection filed, I adopt Magistrate Judge Ferenbach’s R&R in its 25 entirety. 26 1 “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). I 4|| nonetheless reviewed Judge Ferenbach’s R&R and agree with his findings; the complaint fails to state a claim or claims upon which relief can be granted. 6 IT IS THEREFORE ORDERED that Magistrate Judge Ferenbach’s Report and 7|| Recommendation [ECF No. 7] is ADOPTED in its entirety. This case is dismissed without 8|| prejudice. The Clerk of Court is instructed to enter judgment accordingly and close the case. 9 DATED June 20, 2023 /, ) 10 Mn —— i Crist aD. Silva _ United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26