Willing v. State of Nevada

Opinion

NICHOLAS J. WILLING, Case No. 2:22-cv-00733-APG-DJA 4 Plaintiff, ORDER 5 [ECF Nos. 29, 33] STATE OF NEVADA, 6 Defendant. 7 8 On April 7, 2023, Magistrate Judge Albregts recommended that I deny plaintiff Nicholas 9|| Willing’s motion to show good cause (ECF No. 29) and give Willing additional time to serve the 10|| State of Nevada. ECF No. 33. Willing did not object. Thus, I am not obligated to conduct a de review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts 12|| to “make a de novo determination of those portions of the report or specified proposed findings 13||to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) 14]| (en banc) (“the district judge must review the magistrate judge’s findings and recommendations 15|| de novo if objection is made, but not otherwise” (emphasis in original)). 16 I THEREFORE ORDER that Judge Albregts’ Report and Recommendation (ECF No. 17|| 33) is accepted. 18 I FURTHER ORDER that Willing’s motion (ECF No. 29) is DENIED. 19 I FURTHER ORDER that Willing has until June 16, 2023 to properly serve the State of 20|| Nevada. Failure to file proof that the State of Nevada was properly served by that date will in dismissal without prejudice. DATED THIS 26th day of April, 2023. 3 ANDREW P.GORDON sits UNITED STATES DISTRICT JUDGE