Opinion
Case No.: 2:20-cv-00890-APG-BNW
08-13-2020
BRETT SEARS, Plaintiff v. STEPHEN SISOLAK, Defendant
Order Accepting Report and Recommendation and Dismissing Case
[ECF No. 7]
On July 21, 2020, Magistrate Judge Weksler recommended that this case be dismissed without prejudice because plaintiff Brett Sears did not pay the filing fee as ordered. ECF Nos. 6, 7. Sears did not file an objection and he did not pay the filing fee. Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 U.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. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)).
I THEREFORE ORDER that Magistrate Judge Weksler's report and recommendation (EF No. 7) is accepted and plaintiff Brett Sears' complaint (ECF No. 1-1) is DISMISSED without prejudice. The clerk of court is instructed to close this case.
DATED this 13th day of August, 2020.
/s/_________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE