Williams v. Lombardo
Williams v. Lombardo
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *
7 TASHOMBI WILLIAMS, Case No. 2:18-CV-348 JCM (BNW)
8 Plaintiff(s), ORDER
9 v.
10 SHERIFF JOE LOMBARDO, et al.,
11 Defendant(s).
12 13 Presently before the court is Magistrate Judge Leen’s report and recommendation 14 (“R&R”). (ECF No. 6). No objections have been made and the time to do so has passed. 15 Judge Leen recommends dismissing the instant action for pro se plaintiff Tashombi 16 Williams’s failure to comply with the court’s order. Id. at 1 (referring to ECF No. 5). Plaintiff 17 submitted a complaint but did not submit an application to proceed in forma pauperis or remit the 18 $400 filing fee. The court entered an order for plaintiff to complete the in forma pauperis 19 application or pay the filing fee before June 7, 2018. (ECF No. 5). Plaintiff has not taken any 20 further action on the case. 21 This court “may accept, reject, or modify, in whole or in part, the findings or 22 recommendations made by the magistrate.”
28 U.S.C. § 636(b)(1). Where a party timely objects 23 to a magistrate judge’s report and recommendation, then the court is required to “make a de novo 24 determination of those portions of the [report and recommendation] to which objection is made.” 25
28 U.S.C. § 636(b)(1). 26 Where a party fails to object, however, the court is not required to conduct “any review at 27 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,
474 U.S. 140, 149 28 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge’s report and recommendation where no objections have been filed. See United 2| States v. Reyna-Tapia,
328 F.3d 1114(9th Cir. 2003) (disregarding the standard of review 3} employed by the district court when reviewing a report and recommendation to which no 4 | objections were made). 5 Nevertheless, this court conducted a de novo review to determine whether to adopt the 6 | recommendation of the magistrate judge. Upon reviewing the recommendation and attendant 7 | circumstances, this court finds good cause appears to adopt the magistrate judge’s findings in 8 | full. 9 Accordingly, 10 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judge Leen’s R&R 11 (ECF No. 6) be, and the same hereby is, ADOPTED. 12 IT IS FURTHER ORDERED that plaintiff's complaint is hereby DISMISSED without 13 | prejudice. 14 The clerk is instructed to enter judgment and close the case accordingly. 15 DATED March 16, 2020. 16 tins ©. Malan UNITED'STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28
es C. Mahan District Judge _2-
Reference
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