Martell v. District Attorneys Office
Martell v. District Attorneys Office
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 LEANDRE MARTELL, ) 4 ) Plaintiff, ) Case No.: 2:21-cv-02116-GMN-BNW 5 vs. ) 6 ) ORDER DISTRICT ATTORNEYS OFFICE, et al., ) 7 ) Defendants. ) 8 ) 9 Pending before the Court is the Report and Recommendation of United States 10 Magistrate Judge Brenda Weksler, (ECF No. 3), which recommends that the claims against 11 Deputy District Attorney Brandon Albright and Deputy Public Defender Matthew Stromenger 12 be dismissed with 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). Indeed, the Ninth Circuit has recognized 21 that a district court is not required to review a magistrate judge’s report and recommendation 22 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,
328 F.3d 1114, 23 1122 (9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 25 No. 3) (setting a March 8, 2022 deadline for objections). Accordingly, 1 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 3), is 2 ACCEPTED AND ADOPTED in full. 3 DATED this __8__ day of October, 2022. 4 5 ___________________________________ Gloria M. Navarro, District Judge 6 United States District Court 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Reference
- Status
- Unknown