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

7 DONTE JENKINS, Case No. 2:18-CV-820 JCM (CWH)

8 Plaintiff(s), ORDER

9 v.

10 JOE LOMBARDO, et al.,

11 Defendant(s).

12 13 Presently before the court is Magistrate Judge Hoffman’s report and recommendation 14 (“R&R”). (ECF No. 5). 15 Judge Hoffman recommends dismissing the instant action for pro se plaintiff Gervonn 16 McCurdy’s failure to comply with the court’s order. Id. at 1 (referring to ECF No. 4). The court 17 instructed plaintiff to file an application to proceed in forma pauperis or to pay the filing fee in 18 this case by June 20, 2018. (ECF No. 4). To date, plaintiff has not complied with the court’s 19 order, despite the court’s warning that failure to do so would result in a recommendation that his 20 case be dismissed. (ECF No. 5 at 1). Judge Hoffman indicates that plaintiff “appears to have 21 abandoned this case.” Id. 22 This court “may accept, reject, or modify, in whole or in part, the findings or 23 recommendations made by the magistrate.”

(b)(1). Where a party timely objects 24 to a magistrate judge’s report and recommendation, then the court is required to “make a de novo 25 determination of those portions of the [report and recommendation] to which objection is made.” 26

(b)(1). 27 Where a party fails to object, however, the court is not required to conduct “any review at 28 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,

, 149 1} (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a 2| magistrate judge’s report and recommendation where no objections have been filed. See United States v. Reyna-Tapia,

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

es C. Mahan District Judge _2-