Stradley v. Dzurenda
Stradley v. Dzurenda
Trial Court Opinion
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3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
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6 MARK STRADLEY, Case No. 2:19-cv-01748-MMD-CLB
7 Plaintiff, ORDER v. 8 J. DZURENDA, et al., 9 Defendants. 10 11 Pro se Plaintiff Mark Stradley brings this action under
42 U.S.C. § 1983. Before 12 the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United 13 States Magistrate Judge Carla L. Baldwin (ECF No. 20), recommending that Plaintiff’s 14 action be dismissed for Plaintiff’s failure to comply with LR IA 3-1. Plaintiff had until 15 December 25, 2020 to file an objection. To date, no objection to the R&R has been filed. 16 For this reason, and as explained below, the Court adopts the R&R and dismisses 17 Plaintiff’s action for failure to comply with LR IA 3-1. 18 The Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1). Where a party 20 fails to object to a magistrate judge’s recommendation, the Court is not required to 21 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 22 v. Arn,
474 U.S. 140, 149(1985); see also United States v. Reyna-Tapia,
328 F.3d 1114, 23 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 24 recommendations is required if, but only if, one or both parties file objections to the 25 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 26 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 27 clear error on the face of the record in order to accept the recommendation.”). 1 Because there is no objection, the Court need not conduct de novo review, and is 2 || satisfied Judge Baldwin did not clearly err. Here, Judge Baldwin recommends Plaintiff's 3 || action be dismissed as Plaintiff has failed to notify the Court of Plaintiff's change of 4 || address despite the Court’s order (ECF No. 18) on November 6, 2020. (ECF No. 20.) The 5 || Court agrees with Judge Baldwin. Having reviewed the R&R and the record in this case, 6 || the Court will adopt the R&R in full. 7 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 8 || No. 20) is accepted and adopted in full. 9 It is further ordered that this action is dismissed for Plaintiff's failure to comply with 10 || LRIA 3-1. 11 The Clerk of Court is directed to enter judgment accordingly and to close this case. 12 DATED THIS 29" Day of December 2020. 13 __
15 MIRANDA MD 16 CHIEF UNITED STATES DISTRICT JUDGE
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Reference
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