Clervrain v. Sisolak

District Court, D. Nevada

Clervrain v. Sisolak

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 MANETIRONY CLERVRAIN, ) 4 ) Plaintiff, ) Case No.: 2:21-cv-00011-GMN-DJA 5 vs. ) 6 ) ORDER STEVE SISOLAK, ) 7 ) Defendant. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”) of United States 11 Magistrate Judge Daniel Albregts, (ECF No. 4), which recommends that the case be dismissed 12 without leave to amend and the Motion/Application for Leave to Proceed in forma pauperis, 13 (ECF No. 1), be denied as moot. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 18 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 19

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 20 not required to conduct “any review at all . . . of any issue that is not the subject of an 21 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 22 that a district court is not required to review a magistrate judge’s report and recommendation 23 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114

, 24 1122 (9th Cir. 2003). 25 // 1 Here, no objections were filed, and the deadline to do so, February 10, 2021, has passed. 2 (See Min. Order, ECF No. 4). 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is 5 ACCEPTED AND ADOPTED in full. 6 IT IS FURTHER ORDERED that the case is DISMISSED with prejudice. 7 IT IS FURTHER ORDERED that the Motion/Application for Leave to Proceed in 8 forma pauperis, (ECF No. 1), is DENIED as moot. 9 The Clerk of Court shall close the case. 10 DATED this _2_5___ day of February, 2021. 11 12 13 ___________________________________ Gloria M. Navarro, District Judge 14 United States District Court 15 16 17 18 19 20 21 22 23 24 25

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