Williams v. La Vie Residences

Opinion

3 Ryan Williams, Case No.: 2:24-cv-01554-JAD-EJY Plaintiff ° Vv. Order Adopting 6 Report & Recommendation and La Vie Residences, et al., Dismissing § 1040 Claim with Prejudice ’ Defendants [ECF No. 3] 8 9 On August 26, 2024, the magistrate judge screened Plaintiff Ryan Williams’s complaint, 10 || found that it failed to establish federal jurisdiction, and dismissed it without prejudice and with 11 || leave to amend by September 27, 2024.! In that same order, she recommended that Williams’s 12 for fraud under 18 U.S.C. § 1040 be dismissed with prejudice because that statute is a 13 || criminal one that cannot serve as a basis for a civil claim.” Any objection to that 14 || recommendation was due by September 9, 2024, but Williams neither objected nor moved to 15 || extend his time to do so. When no objections are filed, no review of a magistrate judge’s report 16 || and recommendation is required.* Accordingly, 17 IT IS ORDERED THAT the Report and Recommendation [ECF No. 3] is ADOPTED i 18 || full, and plaintiff’s claim under 18 U.S.C. § 1040 is DISMISSED with prejudice. Plaintiff 19 || has until September 27, 2024, to file an amended complaint that complies with the 20 || magistrate judge’s August 26, 2024, order,’ but that amended complaint may not include a 31 claim under 18 U.S.C. § 1040. Sh 22 os pneu J ennifer Dorsey 3 September 11, 2024 24 25 |]! ECF No. 3. 26 ||? Id. at 3. 27 ||? See Thomas v. Arn, 474 U.S. 140, 150 (1985). 28 * ECF No. 3.