Brooks v. Sattler

District Court, D. Nevada

Brooks v. Sattler

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 ANTHONY BROOKS, ) 4 ) Plaintiff, ) Case No.: 3:19-cv-00672-GMN-CLB 5 vs. ) 6 ) ORDER ELLIOTT SATTLER, ) 7 ) Defendant. ) 8 ) ) 9 ) 10 11 Pending before the Court is the Report and Recommendation (“R&R”) of United States 12 Magistrate Judge Carla Baldwin, (ECF No. 9), which recommends that Plaintiff Anthony 13 Brooks’s (“Plaintiff’s”) Application for Leave to Proceed in forma pauperis, (ECF No. 6), be 14 granted. The R&R further recommends that Plaintiff’s Amended Complaint, (ECF No. 4), be 15 dismissed with prejudice. 16 A party may file specific written objections to the findings and recommendations of a 17 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 18 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 19 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 20 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 21

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 22 not required to conduct “any review at all . . . of any issue that is not the subject of an 23 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 24 that a district court is not required to review a magistrate judge’s report and recommendation 25 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114

, 1 1122 (9th Cir. 2003). 2 Here, no objections were filed, and the deadline to do so, March 13, 2020, has passed. 3 (Min. Order, ECF No. 9). 4 Accordingly, 5 IT IS HEREBY ORDERED that Plaintiff’s Application for Leave to Proceed in forma 6 pauperis, (ECF No. 6), is GRANTED. 7 IT IS FURTHER ORDERED that the Amended Complaint, (ECF No. 4), is 8 DISMISSED with prejudice. 9 The Clerk of Court shall close the case and enter judgment accordingly. 10 DATED this __1_9__ day of March 2020. 11 12 ________________________________________ Gloria M. Navarro, District Judge 13 United States District Court 14 15 16 17 18 19 20 21 22 23 24 25

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