Cooper v. Robertson ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Mark Cooper, Case No. 2:24-cv-001637-CDS-BNW 5 Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case 6 v. 7 Jasney Robertson, [ECF No. 4] 8 Defendant 9 10 Magistrate Judge Brenda Weksler issued a report and recommendation (R&R) that I 11 dismiss this case for plaintiff Mark Cooper’s failure to establish federal question or diversity 12 jurisdiction. ECF No. 4. Cooper had until September 24, 2024, to file any objections to the R&R. 13 Id. at 3 (citing LR IB 3-2(a) (stating that parties wishing to object to an R&R must file objections 14 within fourteen days)); see also 28 U.S.C. § 636(b)(1)(C) (same). As of the date of this order, 15 Cooper has neither objected to the R&R nor requested more time to do so. “[N]o review is 16 required of a magistrate judge’s report and recommendation unless objections are filed.” Schmidt v. 17 Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); 18 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). As no objections have been filed, I 19 adopt the R&R in full. 20 Further, pro se litigants should be given leave to amend unless it is absolutely clear that 21 the defective complaint cannot be cured by amendment. Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th 22 Cir. 1995). Here, Judge Weksler correctly found that this court lacks subject matter jurisdiction, 23 and no amendment can cure this defect in the complaint. As a result, amendment would thus be 24 futile and is therefore denied. 25 26 1 Conclusion 2 It is therefore ordered that Judge Weksler’s report and recommendation [ECF No. 4] is 3 ||adopted in its entirety. This action is now dismissed without prejudice. The Clerk of Court is 4 instructed to close this case. 5 Dated: October 4, 2024 /, / Lf _— 7 Cristina D. Silva Unitéd States District Judge js 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26