Allison v. The State of Nevada and All Officials

District Court, D. Nevada

Allison v. The State of Nevada and All Officials

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 RONALD J. ALLISON, ) 4 ) Plaintiff, ) Case No.: 2:22-cv-00332-GMN-DJA 5 vs. ) 6 ) ORDER THE STATE OF NEVADA AND ALL ) 7 OFFICIALS, ) ) 8 Defendants. ) ) 9 10 Pending before the Court is the Order and Report and Recommendation (“R&R”), (ECF 11 No. 4), of United States Magistrate Judge Daniel J. Albregts, which recommends that this case 12 be dismissed without prejudice. 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18

28 U.S.C. § 636

(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 19 is not required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985) (citing

28 U.S.C. § 636

(b)(1)). Indeed, 21 the Ninth Circuit has recognized that a district court is not required to review a magistrate 22 judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328

23 F.3d 1114, 1122

(9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 25 ECF No. 4) (setting a May 26, 2022, deadline for objections). 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is 3 ACCEPTED and ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiff Ronald J. Allison’s Complaint, (ECF No. 5 1-1), is DISMISSED without prejudice. 6 IT IS FURTHER ORDERED that the Clerk is instructed to close the case. 7 Dated this _3_0__ day of May, 2022. 8 9 ___________________________________ Gloria M. Navarro, District Judge 10 United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Reference

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