Byrd v. Laub ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA MARSHA BYRD, Case No.: 2:23-cv-01173-APG-DJA 4 Plaintiff Order Accepting Report and Recommendation and Dismissing Case v. [ECF No. 4] AMANDA LAUB, 7 Defendant 8 On January 8, 2024, Magistrate Judge Albregts recommended that I dismiss this case 9|| because plaintiff Marsha Byrd has not filed a complaint, paid the filing fee, or submitted a complete application to proceed in forma pauperis by the deadline he gave her. ECF No. 4. Byrd did not object. Thus, I am not obligated to conduct a de novo review of the report and 12}|recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the report or specified proposed findings to which objection is 14! made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the 15}| district judge must review the magistrate judge’s findings and recommendations de novo if 16}| objection is made, but not otherwise” (emphasis in original)). 17 I THEREFORE ORDER that Magistrate Judge Albregts’ report and recommendation (ECF No. 4) is accepted and this case is dismissed without prejudice. The clerk of court is instructed to close this case. 20 DATED this 26th day of January, 2024. 21 OIE ANDREWP.GORDON. SS 3 UNITED STATES DISTRICT JUDGE