Padilla v. Kemper

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA JOHNNY N. PADILLA ) 4 ) Plaintiff, ) Case No.: 2:24-cv-00665-GMN-DJA vs. ) 6 ) ORDER ADOPTING KENITH KEMPER ) REPORT AND RECOMMENDATION 7 ) Defendant. ) ) 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 8), from United States Magistrate Judge Danniel J. Albregts, which recommends that this action be dismissed for failure to file an amended complaint.

12 A party may file specific written objections to the findings and recommendations of a United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo determination of those portions to which objections are made if the Magistrate Judge’s findings and recommendations concern matters that may not be finally determined by a magistrate judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 21 140, 149 (1985) (citing 28 U.S.C. § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge’s R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).

24 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF No. 9) (setting a September 24, 2024, deadline for objections).

1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 8), is || ACCEPTED and ADOPTED in full.

4 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. The || Clerk of Court is kindly requested to close out this case.

6 Dated this 1st day of October, 2024.

Gloria avarro, District Judge 9 Unite tes District Court Page 2 of 2