Miller v. Albertson's Corp.

District Court, D. Nevada

Miller v. Albertson's Corp.

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 DOMINIC MILLER, ) 4 ) Plaintiff, ) Case No.: 2:22-cv-01143-GMN-NJK 5 vs. ) 6 ) ORDER ALBERTSON’S CORP., et al., ) 7 ) Defendants. ) 8 ) 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 6), of 10 United States Magistrate Judge Nancy J. Koppe, 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 if the Magistrate Judge’s findings 15 and recommendations concern matters that may not be finally determined by a magistrate 16 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 17 findings or recommendations made by the Magistrate Judge.

28 U.S.C. § 636

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

474 U.S. 20

140, 149 (1985) (citing

28 U.S.C. § 636

(b)(1)). Indeed, the Ninth Circuit has recognized that a 21 district court is not required to review a magistrate judge’s R&R where no objections have been 22 filed. See, e.g., United 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 Order, ECF 24 No. 9) (setting a September, 22, 2023, deadline for objections). 25 Accordingly, 1 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 6), is 2 ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that the case is DISMISSED without prejudice. 4 IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case. 5 Dated this __3__ day of October, 2023. 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

Status
Unknown