Boyd v. Stafford

District Court, D. Nevada

Boyd v. Stafford

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 DIJON MALIK BOYD, ) 4 ) Plaintiff, ) Case No.: 2:21-cv-02153-GMN-NJK 5 vs. ) 6 ) ORDER ERIC STAFFORD, et al., ) 7 ) Defendants. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation, (ECF No. 35), of United 11 States Magistrate Judge Nancy J. Koppe, which recommends dismissing the case. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 14 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 16 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 17

28 U.S.C. § 636

(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 18 is not required to conduct “any review at all . . . of any issue that is not the subject of an 19 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985) (citing

28 U.S.C. § 636

(b)(1)). Indeed, 20 the Ninth Circuit has recognized that a district court is not required to review a magistrate 21 judge’s report and recommendation where no objections have been filed. See, e.g., United 22 States v. Reyna–Tapia,

328 F.3d 1114, 1122

(9th Cir. 2003). 23 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 24 No. 35) (setting an April 7, 2023, deadline for objections). 25 /// 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 35), is 3 ADOPTED in full. 4 IT IS FURTHER ORDERED that the case is DISMISSED. 5 IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case. 6 Dated this _2_8__ day of June, 2023. 7 8 ___________________________________ Gloria M. Navarro, District Judge 9 United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Reference

Status
Unknown