Duda v. Bacca

District Court, D. Nevada

Duda v. Bacca

Trial Court Opinion

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3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 CHET DUDA, Case No. 3:19-cv-00546-MMD-WGC

7 Plaintiff, ORDER v. 8 LISA WALSH, et al., 9 Defendants. 10 11 Pro se Plaintiff Chet Duda brings this action under

42 U.S.C. § 1983

. Before the 12 Court is the Report and Recommendation (“R&R” or “Recommendation”) of United States 13 Magistrate Judge Carla L. Baldwin (ECF No. 24), recommending dismissal. Duda had 14 until June 17, 2021 to file an objection. To date, no objection to the R&R has been filed. 15 For this reason, and as explained below, the Court adopts the R&R, and will dismiss the 16 action. 17 The Court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where a party 19 fails to object to a magistrate judge’s recommendation, the Court is not required to 20 conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas 21 v. Arn,

474 U.S. 140, 149

(1985); see also United States v. Reyna-Tapia,

328 F.3d 1114

, 22 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 23 recommendations is required if, but only if, one or both parties file objections to the 24 findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory 25 Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no 26 clear error on the face of the record in order to accept the recommendation.”). 27 Because there is no objection, the Court need not conduct de novo review, and is 1 || the action for Duda’s failure to comply with LR IA 3-1. (ECF No. 24 at 1-2.) The Court 2 || agrees with Judge Baldwin. Having reviewed the R&R and the record in this case, the 3 || Court will adopt the R&R in full. 4 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 5 || No. 24) is accepted and adopted in full. 6 It is further ordered that the action is dismissed with prejudice. 7 The Clerk of Court is directed to enter judgment accordingly and close the case. 8 DATED THIS 23" Day of June 2021. 9

11 MIKANGA MO 1 CHIEF UNITED STATES DISTRICT JUDGE

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Reference

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