Calleros v. City of North Las Vegas

District Court, D. Nevada

Calleros v. City of North Las Vegas

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 AUGUSTINE CALLEROS, JR., ) 4 ) Plaintiff, ) Case No.: 2:23-cv-01340-GMN-DJA 5 vs. ) 6 ) ORDER ADOPTING REPORT & CITY OF NORTH LAS VEGAS, ) RECOMMENDATION 7 ) Defendant. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 37), 11 of United States Magistrate Judge Albregts, which recommends denying without prejudice 12 Plaintiff Augustine Calleros, Jr.’s Motion to Amend, (ECF No. 32), and giving him leave to file 13 a renewed motion or stipulation to amend that complies with Local Rule 15-1. The R&R 14 further recommends denying as moot several pending Motions, (ECF Nos. 10, 25, 34), filed by 15 the parties. 16 A party may file specific written objections to the findings and recommendations of a 17 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 18 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 19 determination of those portions to which objections are made. D. Nev. R. IB 3-2(b). The Court 20 may accept, reject, or modify, in whole or in part, the findings or recommendations made by 21 the Magistrate Judge.

28 U.S.C. § 636

(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to 22 object, however, the Court is not required to conduct “any review at all . . . of any issue that is 23 not the subject of an objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985) (citing 28 U.S.C. 24 § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a district court is not required to 25 review a magistrate judge’s R&R where no objections have been filed. See, e.g., United States 1 || v. Reyna—Tapia,

328 F.3d 1114, 1122

(9th Cir. 2003). 2 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 3 || No. 37) (setting a May 24, 2024, deadline for objections). 4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 37), is 6 || ACCEPTED and ADOPTED in full. 7 IT IS FURTHER ORDERED that Plaintiff's Motion to Amend, (ECF No. 32), is 8 || DENIED without prejudice. Plaintiff has until Monday, June 17, 2024, to file a renewed 9 || motion or stipulation to amend that complies with Local Rule 15-1(a). 10 IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss, (ECF No. 10), and 11 || Motion to Strike, (ECF No. 34), as well as Plaintiffs Motion for Additional Time, (ECF No. 12 ||25), are DENIED as moot. 13 Dated this 28 day of May, 2024. 4, by Tv Gloria tvarro, District Judge 16 United fag District Court 17 18 19 20 21 22 23 24 25

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Reference

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