Simms v. Officer H. Beal

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA JESSIE SIMMS, ) 4 ) Plaintiff, ) Case No.: 2:23-cv-01555-GMN-DJA vs. ) 6 ) ORDER ADOPTING REPORT & OFFICER H. BEAL, et al., ) RECOMMENDATION 7 ) Defendants. ) ) ) 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 5), of United States Magistrate Judge Albregts, which recommends dismissing Plaintiff Jessie Simms’ case without prejudice and closing the case.

13 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. 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. 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. 5) (setting an April 17, 2024, deadline for objections).

1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 5), is ACCEPTED and ADOPTED in full.

4 IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 1-1), is DISMISSED without prejudice. IT IS FURTHER ORDERED that the Clerk of Court is kindly instructed to close the case.

7 Dated this __1_8_ day of April, 2024.

9 ___________________________________ Gloria M. Navarro, District Judge 10 United States District Court