Santos v. Kinney ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 HECTOR SANTOS, Case No. 2:23-cv-02134-MMD-DJA 7 Plaintiff, ORDER v. 8 S. KINNEY, et al., 9 Defendants. 10 11 12 Before the Court is the Report and Recommendation (“R&R”) of United States 13 Magistrate Judge Daniel J. Albregts, recommending the Court dismiss this action for 14 failure to prosecute under Federal Rule of Civil Procedure 41(b). (ECF No. 15.) Objection 15 to the R&R was due by September 12, 2024. (See id.) To date, Plaintiff has not objected 16 nor taken any other action in this case. Because there was no objection, the Court need 17 not conduct de novo review, and is satisfied that Judge Albregts did not clearly err. See 18 United States v. Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of 19 the magistrate judges’ findings and recommendations is required if, but only if, one or 20 both parties file objections to the findings and recommendations.”) (emphasis in original). 21 Accordingly, the Court adopts the R&R. 22 It is therefore ordered that Judge Albregts’ Report and Recommendation 23 (ECF No. 15) is accepted and adopted in full. 24 It is further ordered that this action is dismissed without prejudice. 25 /// 26 /// 27 /// 1 The Clerk of Court is directed to enter judgment in accordance with this order and 2 || close this case. 3 DATED THIS 18'" Day of September 2024. 5 6 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28