Duda v. Bacca

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA * * *

CHET DUDA, Case No. 3:19-cv-00546-MMD-WGC Plaintiff, ORDER v.

LISA WALSH, et al.,

Defendants.

Pro se Plaintiff Chet Duda brings this action under 42 U.S.C. § 1983. Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States Magistrate Judge Carla L. Baldwin (ECF No. 24), recommending dismissal. Duda had until June 17, 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 the action.

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 clear error on the face of the record in order to accept the recommendation.”).

Because there is no objection, the Court need not conduct de novo review, and is the action for Duda’s failure to comply with LR IA 3-1. (ECF No. 24 at 1-2.) The Court agrees with Judge Baldwin. 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 Baldwin’s Report and Recommendation (ECF No. 24) is accepted and adopted in full.

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

The Clerk of Court is directed to enter judgment accordingly and close the case. DATED THIS 23" Day of June 2021.

MIKANGA MO

CHIEF UNITED STATES DISTRICT JUDGE