SJC II/Fourth and Haven, LLC v. Wellbrock

District Court, D. Nevada

SJC II/Fourth and Haven, LLC v. Wellbrock

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 SJC II/FOURTH AND HAVEN, LLC, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-01306-GMN-DJA 5 vs. ) 6 ) ORDER DANIELLE WELLBROCK, et al., ) 7 ) Defendants. ) 8 ) 9 10 Pending before the Court is the Report and Recommendation of United States 11 Magistrate Judge Daniel J. Albregts, (ECF No. 3), which recommends that the case be 12 DISMISSED without prejudice as this Court lacks subject matter jurisdiction and that 13 Defendant Trevor Monroe’s application to proceed in forma pauperis, (ECF No. 1), be 14 DENIED as moot. 15 Defendant Trevor Monroe has failed to update his address with the Court pursuant to 16 Local Rule IA 3-1, which provides that failure to comply may result in “the dismissal of the 17 action, entry of default judgment, or other sanctions as deemed appropriate by the court.” D. 18 Nev. Local R. IA 3-1. 19 A party may file specific written objections to the findings and recommendations of a 20 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 21 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 22 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 23 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 24

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 25 not required to conduct “any review at all . . . of any issue that is not the subject of an 1 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 2 that a district court is not required to review a magistrate judge’s report and recommendation 3 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114

, 4 1122 (9th Cir. 2003). 5 Here, no objections were filed, and the deadline to do so has passed. 6 Accordingly, 7 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 3), is 8 ACCEPTED and ADOPTED in full. 9 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice as this 10 Court lacks subject matter jurisdiction. 11 IT IS FURTHER ORDERED that Defendant Trevor Monroe’s application to proceed 12 in forma pauperis, (ECF No. 1), is DENIED as moot. 13 The Clerk of Court shall close this case and enter judgment accordingly. 14 DATED this ___3_1____ day of March, 2020. 15 16 17 ____________________________ Gloria M. Navarro, District Judge 18 United States District Court 19 20 21 22 23 24 25

Reference

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