Riles v. Carlson ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Brittany Riles, et al., Case No. 2:24-cv-01070-CDS-BNW 5 Plaintiffs Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case 6 v. 7 Tucker Carlson, et al., [ECF No. 11] 8 Defendants 9 10 On August 26, 2024, Magistrate Judge Brenda Weksler issued a report and 11 recommendation (R&R) to dismiss this action without prejudice for plaintiffs’ failure to 12 prosecute the case and comply with court orders. R&R, ECF No. 11 (citing Hells Canyon 13 Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that courts 14 may dismiss an action under Federal Rule of Civil procedure 41(b) sua sponte for failure to 15 prosecute a case or obey court orders)). Specifically, plaintiff Anysha Cox failed to heed a court 16 order requiring her to file an amended complaint and update her mailing address, and plaintiff 17 Brittany Riles failed to comply with the order requiring her to pay filing fees or file her own 18 application to proceed in forma pauperis and update her mailing address. ECF No. 11 at 1. The 19 deadlines to comply with these orders have passed. ECF No. 4; ECF No. 6; ECF No. 8; and ECF 20 No. 10 21 Riles and Cox had until September 9, 2024, to file any objections to the R&R. ECF No. 11 22 at 4 (citing LR IB 3-2(a) (stating that parties wishing to object to an R&R must file objections 23 within fourteen days)); see also 28 U.S.C. § 636(b)(1)(C) (same). As of the date of this order, 24 neither Cox or Riles have objected to the R&R nor have they requested more time to do so. 25 “[N]o review is required of a magistrate judge’s report and recommendation unless objections 26 are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). As no 2] objections have been filed, 1 adopt the R&R in full and dismiss this action without prejudice.! 3 Conclusion 4 IT IS THEREFORE ORDERED that Judge Weksler’s report and recommendation [ECF No. 11] is adopted in its entirety. This action is now dismissed without prejudice. The Clerk of 6|| Court is kindly instructed to enter judgment accordingly ane| to close this case. 7 Dated: October 7, 2024 /, / LZ. 10 7 States District Judge / ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘Judge Weksler found that the Malone v. US. Postal Serv. factors weighed in favor of dismissal. 833 F.2d 128, 130 (9th Cir. 1987). ECF No. ll at 2.