Hayes v. Social Security Administration

District Court, D. Nevada

Hayes v. Social Security Administration

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 Micah Andrum Hayes, ) 4 ) Plaintiff, ) Case No.: 2:20-cv-01660-GMN-NJK 5 vs. ) 6 ) ORDER Andrew Saul, ) 7 ) Defendant. ) 8 9 Pending before the Court is the Report and Recommendation, (ECF No. 6), of United 10 States Magistrate Judge Nancy J. Koppe, which states that this case should be dismissed. 11 A party may file specific written objections to the findings and recommendations of a 12 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 13 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 14 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 15 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 16

28 U.S.C. § 636

(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 17 is not required to conduct “any review at all . . . of any issue that is not the subject of an 18 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 19 that a district court is not required to review a magistrate judge’s report and recommendation 20 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114

, 21 1122 (9th Cir. 2003). 22 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 23 ECF No. 6) (setting an October 22, 2020 deadline for objections).1 24 25 1 The Court notes that Plaintiff filed an Amended Complaint, (ECF No. 8), and a Second Amended Complaint, (ECF No. 12), but no objection to the Report and Recommendation. Even if the Court construes the Amended Complaints as Objections, Plaintiff has not cured the procedural defects identified in the Report and 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 6), is 3 ADOPTED in full. 4 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. 5 The Clerk is instructed to close the case. 6 Dated this _2__7_ day of October, 2020. 7 8 ___________________________________ Gloria M. Navarro, District Judge 9 United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Recommendation because he has still not paid the filing fee or submitted an amended application to proceed in forma pauperis pursuant to LSR 1-1. See 28 U.S.C. §§ 1914–15 (providing that a civil action cannot proceed unless a filing fee is paid or the Plaintiff proceeds in forma pauperis).

Reference

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