Lombard v. Rawson-Neill Mental Facility

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

JENNIFER LOMBARD, ) )

Plaintiff, ) Case No.: 2:21-cv-01582-GMN-EJY vs. ) ) ORDER

RAWSON-NEILL MENTAL FACILITY, ) )

Defendant. ) )

Pending before the Court is the Report and Recommendation, (ECF No. 4), of United States Magistrate Judge Elayna J. Youchah, which recommends that this case should be dismissed without prejudice for failure to comply with the Court’s September 15, 2021, Order. 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. R. 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) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 22 F.3d 1114, 1122 (9th Cir. 2003).

Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, ECF No. 4) (setting a December 1, 2021, deadline for objections).

Accordingly,

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

IT IS FURTHER ORDERED that this case is DISMISSED without prejudice.

The Clerk is instructed to close the case.

Dated this ___3_ day of December, 2021.

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