Warren v. Southwest Gas ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No. 2:23-cv-02105-JAD-NJK ALLANNA WARREN, Plaintiff, 5 ORDER ADOPTING REPORT AND v. RECOMMENDATION AND 6 DISMISSING CASE 4 SOUTHWEST GAS, et al., Defendants. 8 9 On 8/22/24, the magistrate judge entered this report and recommendation [# 5]: 10 Plaintiff's complaint asserts that federal question jurisdiction exists because the claims 11} arise under 42. U.S.C. § 1983 and various federal criminal statutes. Docket No. 1-1 at 3. 12] However, Plaintiff does not allege that either Defendant was acting under color of state law. 13] Docket No. 1-1 at 5. Further, the federal criminal statutes afford no private right of action. See 141 Docket No. 3 at 2. 15 As a result, the Court issued an order for Plaintiff to show cause why this case should not 16] be dismissed for lack of subject matter jurisdiction. Docket No. 3. Though the time for doing 17] so has passed, Plaintiff has failed to file any response to the Court’s order to show cause. The 18] Court’s Order to Show Cause warned Plaintiff that “Failure to comply with this order may 19} result in dismissal of this case.” Docket No. 3 at 2. 20 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 21} prejudice for lack of subject matter jurisdiction. ee ee tt Nancy J. Koppe 23 United Sta es Magistrate Judge 24 25 ORDER 26 The deadline for the plaintiff to object to this recommendation was September 5, 2024, 27|| and she did not file anything or ask to extend the deadline to do so. “[N]o review is required of 28] a magistrate judge’s report and recommendation unless objections are filed.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the report and recommendation, I find good cause to adopt it, and I do. IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation [ECF No. 5] is ADOPTED in its entirety; 4) THIS CASE IS DISMISSED for lack of subject-matter jurisdiction; and the plaintiff's 5|| application to proceed in forma pauperis [ECF No. 1] is DENIED as moot. 6 Zines . US. DistricNudge Jenifer A. Dorsey — Dated: September 6, 2024 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28