Sing v. Mineral County

District Court, D. Nevada

Sing v. Mineral County

Trial Court Opinion

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 RAM SING, Case No. 3:18-cv-00406-MMD-CLB

7 Plaintiff, ORDER v. 8 MINERAL COUNTY, 9 Defendant. 10 11 Before the Court is the Report and Recommendation (“R&R”) of United States 12 Magistrate Judge Carla L. Baldwin (ECF No. 6), recommending that the Court dismiss this 13 action with prejudice. To date, no objection has been filed. For that reason, and because 14 the Court agrees with Judge Baldwin, the Court will adopt the R&R. 15 This Court “may accept, reject, or modify, in whole or in part, the findings or 16 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where a party 17 fails to object, however, the Court is not required to conduct “any review at all . . . of any 18 issue that is not the subject of an objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985); 19 see also United States v. Reyna-Tapia,

328 F.3d 1114

(9th Cir. 2003) (“De novo review of 20 the magistrate judges’ findings and recommendations is required if, but only if, one or both 21 parties file objections to the findings and recommendations.”); Fed. R. Civ. P. 72, Advisory 22 Committee Notes (1983) (providing that the court “need only satisfy itself that there is no 23 clear error on the face of the record in order to accept the recommendation”). 24 While Plaintiff has not objected, the Court nevertheless conducts de novo review to 25 determine whether to adopt Judge Baldwin’s R&R. The Court granted Plaintiff’s request 26 to proceed in forma pauperis, and screened the Complaint, dismissing it with leave to 27 amend for failure to state a colorable claim. (See ECF No. 4.) Judge Baldwin found that 28 Plaintiff failed to file an amended complaint within 30 days of the screening order, despite 1 || being adequately warned that failure to do so may result in a dismissal with prejudice. 2 || (ECF No. 6 at 1,3.) The Court agrees with Judge Baldwin. 3 It is therefore ordered that the Report and Recommendation of Magistrate Judge 4 || Carla L. Baldwin (ECF No. 6) is accepted and adopted in full. 5 The Clerk of Court is directed to enter judgment in accordance with this order and 6 || close this case. 7 8 DATED THIS 19* day of August 2020. 9 ——~ 10 L{ fn) MIRANDA M. DU 11 CHIEF UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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