Cono v. Loiacono
Cono v. Loiacono
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 LEO CONO, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-01442-GMN-BNW 5 vs. ) 6 ) ORDER MARIA LOIACONO, et al., ) 7 ) Defendants. ) 8 ) ) 9 ) 10 11 Pending before the Court is the Order and Report and Recommendation (“Order and 12 R&R”) of United States Magistrate Judge Brenda Weksler, (ECF No. 34). Judge Weksler 13 denied Plaintiff Leo Cono’s (“Plaintiff”) Motion/Application for Leave to Proceed in forma 14 pauperis, (ECF No. 1), and she recommends that the Court deny Plaintiff’s Motion for Recusal, 15 (ECF No. 19), and dismiss the case without prejudice. (Order and R&R). 16 A party may file specific written objections to the findings and recommendations of a 17 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 18 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 19 determination of those portions to which objections are made.
Id.The Court may accept, reject, 20 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 21
28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 22 not required to conduct “any review at all . . . of any issue that is not the subject of an 23 objection.” Thomas v. Arn,
474 U.S. 140, 149(1985). Indeed, the Ninth Circuit has recognized 24 that a district court is not required to review a magistrate judge’s report and recommendation 25 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,
328 F.3d 1114, 1 1122 (9th Cir. 2003). 2 Here, no objections were filed, and the deadline to do so, September 24, 2019, has 3 passed. (Order and R&R). 4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 34), is 6 ADOPTED in full. 7 IT IS FURTHER ORDERED that Plaintiff’s Motion for Recusal, (ECF No. 19), is 8 DENIED. 9 IT IS FURTHER ORDERED that Defendant’s case is DISMISSED without 10 prejudice. 11 The Clerk of Court shall close the case. 12 13 DATED this __2_6__ day of September, 2019. 14 15 16 17 ___________________________________ Gloria M. Navarro, District Judge 18 United States District Court 19 20 21 22 23 24 25
Reference
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