Adams II v. CVS Pharmacy

District Court, D. Nevada

Adams II v. CVS Pharmacy

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 RONALD ADAMS II, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-00583-GMN-DJA 5 vs. ) 6 ) ORDER CVS PHARMACY, ) 7 ) Defendant. ) 8 ) 9 10 Pending before the Court is the Report and Recommendation of United States now- 11 retired Magistrate Judge Carl W. Hoffman, (ECF No. 8), which recommends that Plaintiff 12 Ronald Adams II’s (“Plaintiff’s”) case be dismissed without prejudice. 13 Plaintiff has failed to update his address with the Court pursuant to Local Rule IA 3-1, 14 which provides that failure to comply may result in “…the dismissal of the action, entry of 15 default judgment, or other sanctions as deemed appropriate by the court.” D. Nev. Local R. IA 16 3-1. 17 A party may file specific written objections to the findings and recommendations of a 18 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 19 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 20 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 21 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 22

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 23 not required to conduct “any review at all . . . of any issue that is not the subject of an 24 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 25 that a district court is not required to review a magistrate judge’s report and recommendation 1 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114

, 2 1122 (9th Cir. 2003). 3 Here, no objections were filed, and the deadline to do so, July 24, 2019, has passed. (See 4 Min. Order, ECF No. 8). 5 Accordingly, 6 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 8), is 7 ACCEPTED and ADOPTED in full. 8 IT IS FURTHER ORDERED that Plaintiff Ronald Adams II’s case is DISMISSED 9 without prejudice. 10 The Clerk of Court shall close this case and enter judgment accordingly. 11 DATED this ___1_7____ day of October, 2019. 12 13 14 ____________________________ Gloria M. Navarro, District Judge 15 United States District Court 16 17 18 19 20 21 22 23 24 25

Reference

Status
Unknown