Moreno v. Aranas
Moreno v. Aranas
Trial Court Opinion
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3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
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6 FLAVIO MORENO, Case No. 3:19-cv-00275-MMD-WGC
7 Plaintiff, ORDER v. 8 ROMEO ARANAS, et al., 9 Defendants. 10 11 Pro se Plaintiff Flavio Moreno 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 William G. Cobb (ECF No. 35), recommending Defendants’ 14 motion to enforce settlement agreement (ECF NO. 23) be granted and the judgment of 15 dismissal entered. Plaintiff had until January 25, 2021 to file an objection. To date, no 16 objection to the R&R has been filed. For this reason, and as explained below, the Court 17 adopts the R&R, and will grant Defendants’ motion to enforce settlement agreement and 18 dismiss the action. 19 The Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1). Where a party 21 fails to object to a magistrate judge’s recommendation, the Court is not required to 22 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 23 v. Arn,
474 U.S. 140, 149(1985); see also United States v. Reyna-Tapia,
328 F.3d 1114, 24 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 25 recommendations is required if, but only if, one or both parties file objections to the 26 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 27 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 1 Because there is no objection, the Court need not conduct de novo review, and is 2 || satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends Defendants’ 3 || motion to enforce settlhement agreement be granted because the settlement terms 4 || expressly agreed to in open court at the Early Mediation Conference are binding. (ECF 5 || No. 35 at 3-5.) The Court agrees with Judge Cobb. Having reviewed the R&R and the 6 || record in this case, the Court will adopt the R&R in full. 7 It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 8 || 35) is accepted and adopted in full. 9 It is further ordered that Defendants’ motion to enforce settlement agreement (ECF 10 || No. 23) is granted. 11 It is further ordered that this action be dismissed with prejudice. 12 The Clerk of Court is directed to enter judgment accordingly and close this case. 13 DATED THIS 27" Day of January 2021. 14 16 {4 L ~) 16 IRANDA M. DU 17 CHIEF UNITED STATES DISTRICT JUDGE
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Reference
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