Iorio v. State of Nevada

District Court, D. Nevada

Iorio v. State of Nevada

Trial Court Opinion

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3

4 Bruce Anthony Iorio, Case No.: 2:23-cv-01157-CDS-BNW

5 Plaintiff Order Overruling Untimely Objections to 6 v. the Report and Recommendation of the Magistrate Judge 7 State of Nevada, et al., [ECF No. 6] 8 Defendants 9 10 On November 7, 2023, I issued an order adopting the report and recommendation (R&R) 11 of Magistrate Judge Brenda Weksler in its entirety, thereby dismissing pro se plaintiff Bruce 12 Iorio’s complaint without leave to amend for failing to state a claim upon which relief could be 13 granted. Order, ECF No. 4. At the time I adopted the R&R, Iorio had not filed objections, which 14 were due on November 1, 2023. See ECF No. 3. 15 On November 8, 2023, Iorio filed untimely objections to the R&R. Obj., ECF No. 6. 16 While I am under no obligation to consider untimely objections,1 I nonetheless conducted a de 17 novo review of Iorio’s objections.2 I find the objections are vague, conclusory, and generally non- 18 responsive to Judge Weksler’s R&R. See generally id. Moreover, Iorio did not cite legal authority 19 or make any argument demonstrating that the R&R was either clearly erroneous or contrary to 20 the law. Id. 21 22

23 1 Under this district’s local rules, a party may object to a magistrate judge’s order within 14 days after 24 service of the order. LR IB 3-1. Objections made outside of this window are disregarded as untimely. See Bacon v. Cox,

2020 U.S. Dist. LEXIS 27688

, at *3 n.5 (D. Nev. Feb. 19, 2020). 25 2 “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.” Schmidt v. Johnstone,

263 F. Supp. 2d 1219, 1226

(D. Ariz. 2003); see also Thomas v. Arn,

474 U.S. 140

, 150 26 (1985); United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003). 1 Accordingly, lorio’s objections [ECF No. 6] are overruled. The court’s order adopting 2|| Magistrate Judge Weksler’s report and recommendation [ECF No. 4] stands. Plaintiff's 3{| complaint [ECF No. 1-1] remains DISMISSED without leave to amefill. 4 DATED: November 13, 2023 // 5 ff 6 Cri ‘aa D. Silva . United States District Judge 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Reference

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