Muric-Dorado v. LVMPD

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA RAMON MURIC-DORADO, Case No. 2:18-cv-01184-JCM-EJY 4 Plaintiff ORDER 5 v. LVMPD et al., 7 Defendants 10 Presently before the court is the magistrate judge’s report and recommendation (“R&R”).

11 (ECF No. 62).

12 Judge Youchah recommends dismissing defendant “Karla” without prejudice. (Id.).

13 Plaintiffs failed to identify defendant with a last name and “no further information has been provided . . . despite substantial time and opportunity to do so.” (ECF Nos. 31 & 59).

15 This court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects to a magistrate judge’s report and recommendation, then the court is required to “make a de novo determination of those portions of the [report and recommendation] to which objection is made.”

19 28 U.S.C. § 636(b)(1).

20 Where a party fails to object, however, the court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (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 States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review employed by the district court when reviewing a report and recommendation to which no objections were made).

27 Nevertheless, this court conducted a de novo review to determine whether to adopt the recommendation of the magistrate judge. Upon reviewing the recommendation and attendant | circumstances, this court finds good cause appears to adopt the magistrate judge’s findings in full.

2 Accordingly, 3 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judge Youchah’s R&R (ECF No. 62) be, and the same hereby is, ADOPTED.

5 IT IS FURTHER ORDERED that Defendant Karla is hereby DISMISSED with prejudice.

6 DATED July 13, 2020. ©. Atala 8 UNITED STATES DISTRICT JUDGE -2-