Woods v. Investment Realty Advisons

Opinion

DISTRICT OF NEVADA

Terryett O. Woods, Case No. 2:24-cv-00477-CDS-NJK

Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case v.

Investment Realty Advisors, [ECF Nos. 1, 3]

Defendant

Plaintiff Terryett Woods brings this lawsuit against defendant Investment Realty Advisors, alleging that it refuses to return his security deposit. Compl., ECF No. 1-1. Woods asserts that his maintenance requests were ignored and the manager never warned him that smoking inside the apartment was prohibited. Id. Upon screening Woods’ complaint and application to proceed in forma pauperis (IFP), Magistrate Judge Nancy J. Koppe recommends that I dismiss the complaint without leave to amend for lack of subject-matter jurisdiction. Report and Recommendation (R&R), ECF No. 3. Judge Koppe also recommends that Woods’ request to proceed IFP be denied a moot. Id. The deadline for Woods to object to that recommendation was April 24, 2024. See LR IB 3-2(a) (stating that parties wishing to object to an R&R must file objections within fourteen days); see also 28 U.S.C. § 636(b)(1). As of the date of this order, Woods has neither objected to the R&R nor requested more time to do so. “[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); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Still, having reviewed Judge Koppe’s R&R, I agree with her findings. Woods’ complaint does not establish a basis for subject matter jurisdiction because it identifies no federal cause of or federal question. See generally Compl., ECF No. Given the failure to establish subject jurisdiction, the complaint must be dismissed. See Cal. Diversified Promotions, Inc. v. Musick, 505 F.2d 278, 280 (9th Cir. 1974) (“It has long been held that a judge can dismiss sua lsponte for lack of jurisdiction.”). Consequently, Woods’ application to proceed IFP must be denied as moot. Conclusion IT IS THEREFORE ORDERED that the Judge Koppe’s R&R [ECF No. 3] is ADOPTED /in its entirety. IT IS FURTHER ORDERED that this action is dismissed with prejudice; and Woods’ application to proceed in forma pauperis [ECF No. 1] is DENIED as moot. The Clerk of Court is kindly directed to enter judgment accordingly and to close this -) B Dated: May 3, 2024 /, / , A Cristin □ Silva Uni ed States District Judge