Fuentes v. Speed ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA RODRIGO FUENTES, Case No.: 2:24-cv-00288-APG-DJA 4 Plaintiff Order Accepting Report and Recommendation and Dismissing Case v. [ECF No. 7] 6|| KEVIN SPEED, et al., 7 Defendants 8 On May 21, 2024, Magistrate Judge Albregts recommended that I dismiss this case because plaintiff Rodrigo Fuentes’s claims are better brought through a habeas corpus petition because Fuentes attempts to sue immune defendants. ECF No. 7. Fuentes did not object. 11} Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 121U.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. 14] Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the 15}| magistrate judge’s findings and recommendations de novo if objection is made, but not 16} otherwise” (emphasis in original)). 17 I THEREFORE ORDER that Magistrate Judge Albregts’ report and recommendation (ECF No. 7) is accepted, and this case is dismissed without leave to amend, but without 19}! prejudice to plaintiff Rodrigo Fuentes filing a habeas corpus petition. The clerk of court is instructed to close this case. 21 DATED this 11th day of June, 2024. 22 Z. - ANDREWP.GORDON. SS UNITED STATES DISTRICT JUDGE