Crosby v. CF Medical, LLC
Crosby v. CF Medical, LLC
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 KENNETH W. CROSBY, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-01554-GMN-EJY 5 vs. ) 6 ) ORDER CF MEDICAL, LLC, et al., ) 7 ) Defendants. ) 8 9 Pending before the Court is the Report and Recommendation of now-retired United 10 States Magistrate Judge George W. Foley, Jr., (ECF No. 16), which recommends that Plaintiff’s 11 case be dismissed without prejudice based on Plaintiff’s failure to properly serve Defendants 12 within the time frame set forth in Fed. R. Civ. P. 4(m). 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 15 D. Nev. Local R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made.
28 U.S.C. § 636(b)(1); D. Nev. 17 IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the Magistrate Judge.
28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). 19 Where a party fails to object, however, the Court is not required to conduct “any review at all . . 20 . of any issue that is not the subject of an objection.” Thomas v. Arn,
474 U.S. 140, 149(1985). 21 Indeed, the Ninth Circuit has recognized that a district court is not required to review a 22 magistrate judge’s report and recommendation where no objections have been filed. See, e.g., 23 United States v. Reyna–Tapia,
328 F.3d 1114, 1122(9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. 25 /// 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 16), is 3 ACCEPTED and ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiff’s case is DISMISSED without prejudice. 5 The Clerk of Court is instructed to close this case and enter judgment accordingly. 6 DATED this ___2_3__ day of October, 2019. 7 8 ___________________________________ Gloria M. Navarro, District Judge 9 United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Reference
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