Johnson v. Barclay Damon LLP ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Robert Johnson, Case No. 2:24-cv-01576-CDS-EJY 5 Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case 6 v. 7 Barclay Damon LLP, [ECF No. 3] 8 Defendant 9 10 On September 3, 2024, Magistrate Judge Elayna Youchah issued a report and 11 recommendation (“R&R”) recommending that I dismiss plaintiff Robert Johnson’s application 12 to proceed in forma pauperis (ECF No. 1) and dismiss with prejudice Johnson’s claims against 13 defendant Barclay Damon LLP for lack of personal jurisdiction. R&R, ECF No. 3. Johnson had 14 until September 17, 2024, to file any objections to the R&R. Id. at 4 (citing LR IB 3-2(a) (stating 15 that parties wishing to object to an R&R must file objections within fourteen days)); see also 28 16 U.S.C. § 636(b)(1)(C) (same). As of the date of this order, Johnson has neither objected to the 17 R&R nor requested more time to do so. “[N]o review is required of a magistrate judge’s report 18 and recommendation unless objections are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 19 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 20 1114, 1121 (9th Cir. 2003). As no objections have been filed, I adopt the R&R in full and dismiss 21 this action with prejudice. 22 Pro se litigants should be given leave to amend unless it is absolutely clear that the 23 defective complaint cannot be cured by amendment. Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th 24 Cir. 1995). Because Johnson does not allege that Barclay Damon LLP has ever purposefully 25 availed itself of doing business within Nevada, there are no grounds to believe that this infirmity 26 could be corrected by granting leave to amend, making amendment futile. 1 Conclusion 2 IT IS THEREFORE ORDERED that Judge Youchah’s report and recommendation [ECF No. 3] is adopted in its entirety. The action is now dismissed with prejudice. The Clerk of 4] Court is kindly instructed to enter judgment accordingly and to close the case. 5 Dated: October 7, 2024 /, / SLL. 7 ie —— 3 tates District Judge / 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26