Opinion
Case No. 2:16-cv-02799-JCM-NJK
06-13-2017
REPORT AND RECOMMENDATION
Concurrently herewith, the undersigned is recommending that all Defendants other than Nathan Silavong be severed and dismissed. Defendants Jose Leyva and Brigida Pastrana have brought a motion to dismiss or sever on the same grounds. Docket No. 24. Accordingly, the undersigned RECOMMENDS that the motion to dismiss be DENIED as moot.
IT IS SO ORDERED
Dated: June 13, 2017
/s/_________
NANCY J. KOPPE
United States Magistrate Judge
NOTICE
Pursuant to Local Rule IB 3-2, any objection to this Report and Recommendation must be in writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has held that the courts of appeal may determine that an appeal has been waived due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).