ONeil v. State of NY

District Court, D. Nevada

ONeil v. State of NY

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 AIMEE ONEIL, ) 4 ) Plaintiff, ) Case No.: 2:20-cv-01204-GMN-EJY 5 vs. ) 6 ) ORDER NEW YORK STATE, ) 7 ) Defendant. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”) of United States 11 Magistrate Judge Elayna Youchah, (ECF No. 3), which recommends that the case be dismissed. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 14 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 16 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 17

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 18 not required to conduct “any review at all . . . of any issue that is not the subject of an 19 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 20 that a district court is not required to review a magistrate judge’s report and recommendation 21 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114

, 22 1122 (9th Cir. 2003). 23 Here, no objections were filed, and the deadline to do so, July 21, 2020, has passed. (See 24 25 1 Min. Order, ECF No. 3).1 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 3), is 4 ACCEPTED AND ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiff’s Complaint against the State of New York 6 for money damages is DISMISSED with prejudice. 7 IT IS FURTHER ORDERED that Plaintiff’s Complaint against the State of New York 8 for injunctive relief is DISMISSED without prejudice. 9 IT IS FURTHER ORDERED that Plaintiff’s Motions for Summary Judgment, (ECF 10 Nos. 5, 7), are DENIED as moot. 11 The Clerk of Court shall close the case and enter judgment accordingly. 12 DATED this _1__8__ day of December, 2020. 13 14 15 ___________________________________ Gloria M. Navarro, District Judge 16 United States District Court 17 18 19 20

21 1 The Court notes that Plaintiff filed Motions for Summary Judgment, (ECF Nos. 5, 7), but not an objection to 22 the Report and Recommendation. Even if the Court construes the Motions for Summary Judgment as objections, they do not object to the reasoning provided in the Report and Recommendation as required. See LR IB 3-2 23 (requiring “specific written objections with supporting points and authorities” to a magistrate judge’s findings and recommendations). Moreover, Plaintiff was ordered to file an Amended Complaint by July 28, 2020, 24 regarding her claim for injunctive relief and demonstrating “how the issues complained of resulted in a deprivation of Plaintiff’s federal constitutional or statutory rights.” (Report and Recommendation 3:18 –19, ECF 25 No. 3). Plaintiff failed to file an Amended Complaint, further subjecting her claim for injunctive relief to dismissal for failure to state a claim. See Ferdik v. Bonzelet,

963 F.2d 1258, 1260-62

(9th Cir. 1992) (district courts may dismiss actions for failure to comply with an order of the court).

Reference

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