Court filing — D. Nev. No. 2:20-cr-00195 (Dkt. 50)
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Case 2:20-cr-00195-APG-EJY Document 50 Filed 03/02/22 Page 1 of 1
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 UNITED STATES OF AMERICA, Case No.: 2:20-cr-00195-APG-EJY
4 Plaintiffs Order Accepting Report and
Recommendation and Denying Motion to
5 v. Dismiss
6 DARNELE NELSON, [ECF Nos. 28, 49]
7 Defendant
8
9 On February 11, 2022, Magistrate Judge Youchah recommended that I deny defendant
10 Darnele Nelson’s motion to dismiss this case. ECF No. 49. Nelson did not object. Thus, I am
11 not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C.
12 § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the
13 report or specified proposed findings to which objection is made”); United States v. Reyna-
14 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)); see also LR IB 3-2. Nevertheless, I have reviewed the
17 motion on the merits, and I agree with Judge Youchah’s recommendation.
18 I THEREFORE ORDER that Magistrate Judge Youchah’s report and recommendation
19 (ECF No. 49) is accepted and defendant Darnele Nelson’s motion to dismiss (ECF No. 28) is
20 DENIED.
21 DATED this 2nd day of March, 2022.
22
23
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE