Love v. LVMPD

6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * WILSON EARL LOVE., Case No. 2:21-cv-01217-RFB-EJY 10 Plaintiff, ORDER 11 v. THE LAS VEGAS METROPOLITAN POLICE DEPARTMENT Defendant.

Before the Court for consideration is the Report and Recommendation [ECF No. 5] of the Honorable Elayna J. Youchah, United States Magistrate Judge, entered July 30, 2021.

A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 20 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is required to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge.

Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by January 25, 2017. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge’s recommendations. . . .

1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 5] 1s | ACCEPTED and ADOPTED in part.

3 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. The Clerk of the Court is instructed to close this case.

5 IT IS FURTHER ORDERED that the Plaintiff may move to reopen this case and vacate | the judgment by filing a motion for reconsideration of this order. In this motion, the Plaintiff is | required to explain what circumstances delayed his objection to the magistrate judge’s report and | recommendation. If the Court finds there to be good cause or a reasonable explanation therein, the | Court will reopen the case and vacate the judgment.

11 The Clerk of Court is directed to serve a copy of this Order upon Plaintiff.

DATED: August 18, 2021.

14 AS LWARE, II 15 United States District Judge -2-