Leibel v. Garren

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA TATIANA LEIBEL, )

) Plaintiff, ) Case No.: 2:20-cv-02310-GMN-DJA vs. )

) ORDER

ED GARREN, et al., )

) Defendants. )

) )

Pending before the Court is the Report and Recommendation (“R&R”) of United States Magistrate Judge Daniel Albregts, (ECF No. 4), which recommends that the Motion/Application for Leave to Proceed in forma pauperis, (ECF No. 1), be denied, and Plaintiff Tatiana Leibel be ordered to pay the filing fee. After issuance of the R&R, Plaintiff paid the filing fee. (See Receipt of Payment, ECF No. 5).

A party may file specific written objections to the findings and recommendations of a United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo determination of those portions to which objections are made. Id. The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge’s report and recommendation where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).

Here, no objections were filed, and the deadline to do so, February 10, 2021, has passed. (See Min. Order, ECF No. 4).

Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is ACCEPTED AND ADOPTED in full.

IT IS FURTHER ORDERED that, in light of Plaintiff’s payment of the filing fee, Plaintiff’s Motion/Application for Leave to Proceed in forma pauperis, (ECF No. 1), is DENIED as moot.

IT IS FURTHER ORDERED that the Clerk’s Office shall file the Complaint in light of Plaintiff’s payment of the filing fee.

DATED this __2_6__ day of February, 2021. _

___________________________________ Gloria M. Navarro, District Judge United States District Court