Silver v. Towner

District Court, D. Nevada

Silver v. Towner

Trial Court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * 9 FREDERICK OMOYUMA SILVER, Case No. 2:19-cv-00637-RFB-DJA 10 Plaintiff, ORDER 11 v. 12 CANDICE KATIE TOWNER, 13 Defendant. 14 Before the Court for consideration is the Report and Recommendation [ECF No. 6] of the 15 Honorable Daniel J. Albregts, United States Magistrate Judge, entered December 12, 2019. 16 A district court “may accept, reject, or modify, in whole or in part, the findings or 17 recommendations made by the magistrate.”

28 U.S.C. § 636

(b)(1). A party may file specific 18 written objections to the findings and recommendations of a magistrate judge.

28 U.S.C. § 19

636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 20 required to “make a de novo determination of those portions of the report or specified proposed 21 findings or recommendations to which objection is made.”

28 U.S.C. § 636

(b)(1); see also Local 22 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 23 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 24 Thomas v. Arn,

474 U.S. 140, 149

(1985). Pursuant to Local Rule IB 3-2(a), objections were due 25 by January 3, 2020. No objections have been timely filed.1 The Court has reviewed the record in 26 this case and concurs with the Magistrate Judge’s recommendations. 27 . . . 28 1 Plaintiff filed a motion for leave to file an amended complaint on January 6, 2020. 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 6] is 2 | ACCEPTED and ADOPTED in full. The Court dismisses Plaintiff's case with prejudice as the 3 | Court does not have subject matter jurisdiction over this matter. 4 IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to Filed an Amended 5 | Complaint (ECF No. 8) is DENIED. 6 The Clerk of the Court is directed to mail a copy of this order to Plaintiff and to close the case. 8 9 DATED: April 15, 2020. 10 RICHARD A <—— I ll UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

_2-

Reference

Status
Unknown