Navarro v. Williams

District Court, D. Nevada

Navarro v. Williams

Trial Court Opinion

1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 FERNANDO NAVARRO, Case No. 3:20-cv-00282-ART-CLB 5 Plaintiff, ORDER 6 v.

7 BRIAN WILLIAMS, et al.,

8 Defendants.

9 Pro se Plaintiff Fernando Navarro brings this action under

42 U.S.C. § 10

1983. Before the Court is the Report and Recommendation (“R&R” or 11 “Recommendation”) of United States Magistrate Judge Carla Baldwin (ECF No. 12 25), recommending the dismissal of this case due to Plaintiff’s failure to comply 13 with Local Rule IA 3-1, which requires Plaintiff to update his address with the 14 Court. Plaintiff had until July 25, 2022 to file an objection. To date, no objection 15 to the R&R has been filed. For this reason, and as explained below, the Court 16 adopts the R&R and will dismiss this case. 17 The Court “may accept, reject, or modify, in whole or in part, the findings 18 or recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Where 19 a party fails to object to a magistrate judge’s recommendation, the Court is not 20 required to conduct “any review at all . . . of any issue that is not the subject of 21 an objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985); see also United States v. 22 Reyna-Tapia,

328 F.3d 1114, 1116

(9th Cir. 2003) (“De novo review of the 23 magistrate judges’ findings and recommendations is required if, but only if, one 24 or both parties file objections to the findings and recommendations.”) (emphasis 25 in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that 26 the Court “need only satisfy itself that there is no clear error on the face of the 27 record in order to accept the recommendation.”). 28 1 Because there is no objection, the Court need not conduct de novo review, || and is satisfied Judge Baldwin did not clearly err. Here, Judge Baldwin 3 || recommends dismissal of this case because Plaintiff has not updated his address 4 || with the Court and has not participated in this case since a mediation conference 5 |} on September 14, 2021. (ECF No. 25 at 1.) After filing this case, Plaintiff was 6 || released from custody, and Plaintiff was notified by the Court on June 8, 2022 7 || that the Court would dismiss this case if Plaintiff did not update his address with 8 || the Court as required by Local Rule JA 3-1. Ud.) The Court agrees with Judge 9 || Baldwin. Having reviewed the R&R and the record in this case, the Court will 10 || adopt the R&R in full. 11 It is therefore ordered that Judge Baldwin’s Report and Recommendation 12 || (ECF No. 25) is accepted and adopted in full. 13 It is further ordered that this action is dismissed for Plaintiffs failure to 14 || comply with Local Rule IA 3-1. 15 16 17 DATED THIS 16t day of November 2022. 18 19 oun x Pee Vaated

21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28

Reference

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