Crebassa v. Citizens Review Board

District Court, D. Nevada

Crebassa v. Citizens Review Board

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 SARAH CREBASSA, Case No. 2:17-CV-2278 JCM (BNW)

8 Plaintiff(s), ORDER

9 v.

10 THE CITIZENS REVIEW JOURNAL,

11 Defendant(s).

12 13 Presently before the court is Magistrate Judge Leen’s report and recommendation 14 (“R&R”). (ECF No. 7). 15 Judge Leen recommends dismissing the instant action for pro se plaintiff Sarah 16 Crebassa’s failure to comply with the court’s order. Id. at 1 (referring to ECF No. 5). The court 17 screened plaintiff’s complaint, allowed her claim, and instructed plaintiff to file an amended 18 complaint on or before October 12, 2018. (ECF No. 5). To date, plaintiff has not filed an 19 amended complaint. 20 This court “may accept, reject, or modify, in whole or in part, the findings or 21 recommendations made by the magistrate.”

28 U.S.C. § 636

(b)(1). Where a party timely objects 22 to a magistrate judge’s report and recommendation, then the court is required to “make a de novo 23 determination of those portions of the [report and recommendation] to which objection is made.” 24

28 U.S.C. § 636

(b)(1). 25 Where a party fails to object, however, the court is not required to conduct “any review at 26 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,

474 U.S. 140

, 149 27 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a 28 magistrate judge’s report and recommendation where no objections have been filed. See United States v. Reyna-Tapia,

328 F.3d 1114

(9th Cir. 2003) (disregarding the standard of review employed by the district court when reviewing a report and recommendation to which no 3 | objections were made). 4 Nevertheless, this court conducted a de novo review to determine whether to adopt the 5 | recommendation of the magistrate judge. Upon reviewing the recommendation and attendant 6 | circumstances, this court finds good cause appears to adopt the magistrate judge’s findings in full. 8 Accordingly, 9 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judge Leen’s R&R 10 | (ECF No. 7) be, and the same hereby is, ADOPTED. 11 IT IS FURTHER ORDERED that plaintiff's complaint is hereby DISMISSED without 12 | prejudice. 13 The clerk is instructed to enter judgment and close the case accordingly. 14 DATED March 11, 2020. 15 ew 0. Ataltan 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-

Reference

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