Valentine v. State of Nevada

District Court, D. Nevada

Valentine v. State of Nevada

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 DERRICK VALENTINE, Case No. 2:23-cv-00273-GMN-BNW

4 Plaintiff ORDER

5 v.

6 STATE OF NEVADA,

7 Defendant

8 9 Pending before the Court is the Report and Recommendation (ECF No. 17) of 10 United States Magistrate Judge Brenda Weksler, which states that this matter should be 11 dismissed without prejudice. 12 A party may file specific written objections to the findings and recommendations of 13 a United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 14

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

Id.

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

28 U.S.C. § 636

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

474 U.S. 140, 149

(1985). 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., 22 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 ECF 24 No. 17) (setting a November 7, 2023, deadline for objections). 25 /// 26 /// 27 /// 28 /// 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 17) is 3 ADOPTED in full. 4 IT IS FURTHER ORDERED that the application to proceed in forma pauperis (ECF 5 No. 14) is denied as moot. 6 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. 7 The Clerk of Court shall close the case. 8 13 9 DATED THIS _____ day of November 2023. 10

11 Gloria M. Navarro, Judge United States District Court 12

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Reference

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