Gates-Middleton v. Guaranteed Rate, Inc.

District Court, D. Nevada

Gates-Middleton v. Guaranteed Rate, Inc.

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 ANN GATES-MIDDLETON, et al., ) 4 ) Plaintiffs, ) Case No.: 2:21-cv-01944-GMN-DJA 5 vs. ) 6 ) ORDER GUARANTEED RATE, INC., et al., ) 7 ) Defendants. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 17), 11 of United States Magistrate Judge Albregts, which recommends dismissing Plaintiff Ann 12 Gates-Middleton and Ervin Middleton Jr.’s (“Plaintiffs”) case with prejudice and closing the 13 case. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made. D. Nev. R. IB 3-2(b). The Court 18 may accept, reject, or modify, in whole or in part, the findings or recommendations made by 19 the Magistrate Judge.

28 U.S.C. § 636

(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to 20 object, however, the Court is not required to conduct “any review at all . . . of any issue that is 21 not the subject of an objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985) (citing 28 U.S.C. 22 § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a district court is not required to 23 review a magistrate judge’s R&R where no objections have been filed. See, e.g., United States 24 v. Reyna–Tapia,

328 F.3d 1114, 1122

(9th Cir. 2003). 25 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 1 No. 17) (setting a May 19, 2023, deadline for objections). 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 17), is 4 ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 1-1), is 6 DISMISSED with prejudice. IT IS FURTHER ORDERED that the Clerk of Court is 7 instructed to close the case. 8 Dated this _2_2__ day of May, 2023. 9 10 ___________________________________ Gloria M. Navarro, District Judge 11 United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Reference

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