Smith v. Saribay

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Eddie Sowell Smith, ) 4 ) Plaintiff, ) Case No.: 2:20-cv-00060-GMN-NJK vs. ) 6 ) ORDER Saribay, et al., ) 7 ) Defendants. ) 9 Pending before the Court is the Report and Recommendation, (ECF No. 50), of United States Magistrate Judge Nancy J. Koppe, which states that this case should be dismissed.

11 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.

16 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 report and recommendation where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).

22 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, ECF No. 50) (setting an April 13, 2022, deadline for objections).

24 // // 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 50), is ADOPTED in full.

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

5 The Clerk of Court shall close this case.

6 Dated this _2_7__ day of June, 2022.

8 ___________________________________ Gloria M. Navarro, District Judge 9 United States District Court