Reddic v. Officer Smith ( 2023 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 5 Gwendolyn Renee Reddic, Case No. 2:23-cv-01224-CDS-NJK 6 Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case 7 v. [ECF No. 4] 8 Officer Smith, et al., 9 Defendants 10 11 Pro se plaintiff Gwendolyn Reddic seeks to proceed in forma pauperis and brings this 12 action against an array of defendants seeking two million dollars in damages. See generally, ECF 13 No. 1. In response to Reddic’s failure to provide a basis for subject-matter jurisdiction, 14 Magistrate Judge Nancy Koppe ordered Reddic to show cause as to why this case should not be 15 dismissed for lack of subject-matter jurisdiction. Order, ECF No. 3. Reddic was advised that her 16 failure to respond in writing by September 5, 2023, would result in a recommendation that this 17 action be dismissed. Id. Reddic did not respond to the order to show cause and Judge Koppe 18 accordingly issued a recommendation that this case be dismissed without prejudice. R&R, ECF 19 No. 4. Under this district’s local rules, the deadline for Reddic to object to the R&R was 20 September 27, 2023. See LR IB 3-2(a) (stating that parties wishing to object to the R&R must file 21 objections within fourteen days). As of the date of this order, Reddic has neither objected to the 22 R&R, nor has she requested more time to do so. 23 “[N]o review is required of a magistrate judge’s report and recommendation unless 24 objections are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas 25 v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). I 26 nonetheless reviewed Judge Koppe’s R&R and agree with her findings; the complaint is bereft of any details or allegations that would support this court’s exercise of jurisdiction over the matter. Because Reddic fails to meet her jurisdictional burden, this court cannot exercise “judicial 3|| [p]ower’” over her case. U.S. Const. Art. III, § 2. Thus, I find that the R@R is not clearly 4|| erroneous or contrary to law, so I adopt the R&R in its entirety and dismiss the complaint for lack of subject-matter jurisdiction. 6 IT IS THEREFORE ORDERED that Magistrate Judge Koppe’s Report and 7|| Recommendation [ECF No. 4] is ADOPTED in its entirety. This case is dismissed without 8|| prejudice. The Clerk of Court is instructed to enter judgment accordingly and close this case. 9 DATED: October 2, 2023 / 10 LZ aibhig—§ Unit “d States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26