Silva v. Hughes

District Court, D. Nevada

Silva v. Hughes

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 WELTHY SILVA, et al., ) 4 ) Plaintiffs, ) Case No.: 2:18-cv-00963-GMN-DJA 5 vs. ) 6 ) ORDER RENA HUGHES, ) 7 ) Defendant. ) 8 9 Pending before the Court is the Report and Recommendation of now-retired United 10 States Magistrate Judge Carl W. Hoffman, (ECF No. 6), which recommends that Plaintiff’s 11 Complaint, (ECF No. 7), be dismissed with leave to amend. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 14 D. Nev. Local R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made.

28 U.S.C. § 636

(b)(1); D. Nev. 16 IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the findings or 17 recommendations made by the Magistrate Judge.

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). 18 Where a party fails to object, however, the Court is not required to conduct “any review at 19 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,

474 U.S. 140

, 149 20 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a 21 magistrate judge’s report and recommendation where no objections have been filed. See, e.g., 22 United States v. Reyna–Tapia,

328 F.3d 1114, 1122

(9th Cir. 2003). 23 Here, no objections were filed, and the deadline to do so has passed. 24 /// 25 /// 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 6), is 3 ACCEPTED and ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 7), is DISMISSED 5 with leave to amend. Plaintiff shall have fourteen (14) days from the entry of this Order to file 6 an amended complaint. 7 IT IS FURTHER ORDERED that Plaintiff’s failure to file an amended complaint 8 within fourteen (14) day from entry of this Order will result in dismissal of the case with 9 prejudice. 10 IT IS FURTHER ORDERED that in the event Plaintiff files an amended complaint, 11 the Clerk of Court is directed NOT to issue summons on the amended complaint. The Court 12 will issue a screening order on the amended complaint and address the issuance of summons at 13 that time, if applicable. See

28 U.S.C. § 1915

(e)(2). 14 15 DATED this ___17___ day of October, 2019. 16 17 ___________________________________ Gloria M. Navarro, District Judge 18 United States District Court 19 20 21 22 23 24 25

Reference

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