Shelton v. State of Nevada
Shelton v. State of Nevada
Trial Court Opinion
UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2
3 BRUCE SHELTON, ) ) 4 Plaintiff, ) Case No.: 2:16-cv-01056-GMN-EJY 5 ) vs. ) ORDER 6 ) STATE OF NEVADA, et al., ) 7 ) Defendants. ) 8 ) 9 10 Pending before the Court is now-retired United States Magistrate Judge George W. Foley, 11 Jr.’s Report and Recommendation, (ECF No. 15), which recommends that Plaintiff’s Amended 12 Complaint, (ECF No. 11), be dismissed with prejudice for failure to state a claim upon which 13 relief can be granted. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made.
Id.The Court may accept, reject, 18 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 19
28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 20 not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” 21 Thomas v. Arn,
474 U.S. 140, 149(1985). Indeed, the Ninth Circuit has recognized that a district 22 court is not required to review a magistrate judge’s report and recommendation where no 23 objections have been filed. See, e.g., United States v. Reyna–Tapia,
328 F.3d 1114, 1122(9th 24 Cir. 2003). 25 Here, no objections were filed, and the deadline to do so has passed. 1 Accordingly,
2 IT IS ORDERED that the Report and Recommendation, (ECF No. 15), is ACCEPTED 3 and ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiff Bruce Shelton’s Amended Complaint, (ECF 5 No. 11), is DISMISSED with prejudice. 6 The Clerk of Court is instructed to close this case and enter judgment accordingly. 7 DATED this __2_3__ day of October, 2019. 8 ___________________________________ 9 Gloria M. Navarro, District Judge United States District Court 10
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Reference
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