De La Garza v. Unknown ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA CESAR DE LA GARZA, Case No.: 2:24-cv-00455-APG-MDC 4 Plaintiff Order Accepting Report and Recommendation and Dismissing Case v. [ECF No. 3] UNKNOWN, 7 Defendant 8 On April 19, 2024, Magistrate Judge Couvillier recommended that I dismiss plaintiff Cesar De La Garza’s complaint because De La Garza did not respond to Judge Couvillier’s order to show cause why (1) his IFP application should not be denied and (2) his complaint should not dismissed for lack of subject matter jurisdiction. ECF No. 3. De La Garza did not object. Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 13}]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 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the 16}| magistrate judge’s findings and recommendations de novo if objection is made, but not 17|| otherwise” (emphasis in original)). 18 I THEREFORE ORDER that Magistrate Judge Couvillier’s report and recommendation 19|| (ECF No. 3) is accepted, and plaintiff Cesar De La Garza’s complaint (ECF No. 1-1) is dismissed without prejudice. The clerk of court is instructed to close this case. 21 DATED this 13th day of May, 2024. 22 OI ANDREWP.GORDON. SS UNITED STATES DISTRICT JUDGE