Boware v. Levi Strauss Distribution Center

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * BRANDON BOWARE, Case No. 2:24-cv-01139-RFB-DJA Plaintiff, 9 ORDER v. LEVI STRAUSS DISTRIBUTION CENTER, Defendant.

Before the Court for consideration is the Report and Recommendation (ECF No. 13) of the Honorable Daniel J. Albregts, United States Magistrate Judge, entered on August 29, 2024. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule IB 3-2(a).

When written objections have been filed, the district court is required to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, (1985). Pursuant to Local Rule IB 3-2(a), objections were due by September 12, 2024. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge’s recommendation. /// /// ! IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 13) is ACCEPTED and ADOPTED in full.

IT IS FURTHER ORDERED that Defendant’s motion to dismiss (ECF No. 5) is ‘ GRANTED. Plaintiff is given leave to amend his complaint. ° IT IS FURTHER ORDERED that Defendant’s motion for more definite statement (ECF No. 6) is DENIED as moot.

10 DATED: October 21, 2024 11 A = 2 RICHARD F. BOULWARE, II 13 UNITED STATES DISTRICT JUDGE -2-