Busto v. The Honorable United States of America

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA * * *

C.M. BUSTO, Case No. 3:21-cv-00137-MMD-WGC Plaintiff, ORDER v.

THE HONORABLE UNITED STATES

OF AMERICA,

Defendant.

Pro se Plaintiff C.M. Busto filed a motion for sentence reduction under 18 U.S.C. § 3582(c)(1)(A) and requested the appointment of counsel. (ECF No. 1-1.) Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States Magistrate Judge William G. Cobb (ECF No. 3), recommending that this action be dismissed with prejudice. Busto had until April 12, 2021 to file an objection. To date, no objection to the R&R has been filed. For this reason, and as explained below, the Court adopts the R&R, and will dismiss this action with prejudice.

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). Where a party fails to object to a magistrate judge’s recommendation, 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); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and recommendations is required if, but only if, one or both parties file objections to the findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no Because there is no objection, the Court need not conduct de novo review, and is satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends that the action be dismissed with prejudice as Busto’s “initiating documents reveals non-sensical, fantastical statements that do not appear to have any basis in law or fact.” (ECF No. 3 at 1.) The Court agrees with Judge Cobb. Having reviewed the R&R and the record in this case, the Court will adopt the R&R in full.

It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No. 3) is accepted and adopted in full.

It is further ordered that this action is dismissed with prejudice.

The Clerk of Court is directed to enter judgment accordingly and close this case. DATED THIS 14" Day of April 2021.

{ | ‘ ) _ MIRANDA M. DU

CHIEF UNITED STATES DISTRICT JUDGE