Villafana v. Division Child Family Services
Villafana v. Division Child Family Services
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 ANGEL VILLAFANA, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-01117-GMN-DJA 5 vs. ) 6 ) ORDER DIVISION CHILD FAMILY SERVICES, ) 7 ) Defendant. ) 8 ) 9 10 Pending before the Court is the Report and Recommendation of the Honorable United 11 States Magistrate Judge Daniel J. Albregts, (ECF No. 11), which states that Plaintiff Angel 12 Villafana’s (“Plaintiff”) case should be dismissed without prejudice. Judge Albregts’s 13 recommendation is based on Plaintiff’s failure to timely complete an in forma pauperis 14 application—despite being granted numerous extensions. (See R. & R. 1:12–27, ECF No. 11). 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 17 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made.
Id.The Court may accept, reject, 19 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 20
28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 21 not required to conduct “any review at all . . . of any issue that is not the subject of an 22 objection.” Thomas v. Arn,
474 U.S. 140, 149(1985). Indeed, the Ninth Circuit has recognized 23 that a district court is not required to review a magistrate judge’s report and recommendation 24 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,
328 F.3d 1114, 25 1122 (9th Cir. 2003). 1 Here, no objections were filed, and the deadline to do so has passed. 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 11), is 4 ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that this case is dismissed without prejudice. 6 IT IS FURTHER ORDERED that Plaintiff’s Motion to Extend, (ECF No. 12), is 7 DENIED as moot. 8 The Clerk of Court is instructed to close this case. 9 DATED this _8__ day of September, 2020. 10 11 ___________________________________ Gloria M. Navarro, District Judge 12 United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25
Reference
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