Augborne v. Byrns
Augborne v. Byrns
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 BRIT AUGBORNE, III, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-02379-GMN-DJA 5 vs. ) 6 ) ORDER WARDEN BYRNS, et al., ) 7 ) Defendants. ) 8 ) 9 Pending before the Court is the Report and Recommendation, (ECF No. 39), of United 10 States Magistrate Judge Daniel J. Albregts, which recommends dismissing the case. 11 A party may file specific written objections to the findings and recommendations of a 12 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 13 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 14 determination of those portions to which objections are made.
Id.The Court may accept, reject, 15 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 17 is not required to conduct “any review at all . . . of any issue that is not the subject of an 18 objection.” Thomas v. Arn,
474 U.S. 140, 149(1985) (citing
28 U.S.C. § 636(b)(1)). Indeed, 19 the Ninth Circuit has recognized that a district court is not required to review a magistrate 20 judge’s report and recommendation where no objections have been filed. See, e.g., United 21 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, 23 ECF No. 39) (setting a July 8, 2022, deadline for objections). 24 Accordingly, 25 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 39), is 1 ADOPTED in full. 2 IT IS FURTHER ORDERED that the Motion for Summary Judgment, (ECF No. 27), 3 is DENIED as moot. 4 The Clerk of Court shall close the case accordingly. 5 Dated this _1_2__ day of July, 2022. 6 7 ___________________________________ Gloria M. Navarro, District Judge 8 United States District Court 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Reference
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