West v. Martinez

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA JEAN-CLAUDE WEST, ) 4 ) Plaintiff, ) Case No.: 2:23-cv-01489-GMN-EJY vs. ) 6 ) ORDER ADOPTING R&R MARTINEZ, et al., ) 7 ) Defendants. ) ) 9 Magistrate Judge Elayna J. Youchah entered an Order, (ECF No. 12), dismissing Plaintiff’s Complaint, (ECF No. 1-1), without prejudice and with leave to amend, with the exception of Plaintiff’s claims against Defendants in their official capacity seeking money damages. The same docket entry also included a Report and Recommendation (R&R), (ECF No. 12), recommending that Plaintiff’s claims against Defendants in their official capacities seeking money damages be dismissed with prejudice because they are barred as a matter of law. Plaintiff filed a Motion to Extend Time to File Amended Complaint, (ECF No. 13), but did not object to the R&R. 17 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. Id. The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

22 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. 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 report and recommendation where no objections have been filed. See, e.g., United || States v. Reyna—Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).

3 Here, no objections to the R&R were filed, and the deadline to do so has passed. (See || Order and R&R 6:10—-18, ECF No. 12) (noting 14-day deadline) (entered on March 4, 2024).

5 || The Court therefore ADOPTS the R&R in full.

6 Accordingly, 7 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 12), is || ADOPTED in full.

9 IT IS FURTHER ORDERED that Plaintiff’s claims against Defendants in their official || capacities seeking money damages are DISMISSED with prejudice.

12 Dated this _2 □□□ of April, 2024.

13 Yj, Gloria M/Na varro, District Judge 15 United fais s District Court Page 2 of 2