Wheeler v. Brager

District Court, D. Nevada

Wheeler v. Brager

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 ANTONIO WHEELER, 4 Plaintiff, Case No.: 2:24-cv-00682-GMN-EJY 5 vs. 6 ORDER ADOPTING REPORT AND SUSAN BRAGER, et al., RECOMMENDATION 7 Defendants. 8 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 19), 10 of United States Magistrate Judge Elayna J. Youchah, which recommends denying Plaintiff’s 11 Motion to Extend 2 Year Time Frame, (ECF No. 14), and Motion for IFP, (ECF No. 16). The 12 Magistrate Judge further recommends that Plaintiff’s application to proceed in forma pauperis 13 be denied because she recommends that his case not be reopened. (See generally R&R). 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made if the Magistrate Judge’s findings 18 and recommendations concern matters that may not be finally determined by a magistrate 19 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 20 findings or recommendations made by the Magistrate Judge.

28 U.S.C. § 636

(b)(1); D. Nev. R. 21 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 22 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,

474 U.S. 23

140, 149 (1985) (citing

28 U.S.C. § 636

(b)(1)). Indeed, the Ninth Circuit has recognized that a 24 district court is not required to review a magistrate judge’s R&R where no objections have been 25 filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114, 1122

(9th Cir. 2003). ] Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 2 || No. 19) (setting January 21, 2025, deadline for objections). 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 19), is 5 || ACCEPTED and ADOPTED in full. 6 IT IS FURTHER ORDERED that Plaintiff's Motions, (ECF No. 14, 16, 18), are 7 || DENIED. 8 Dated this _27 day of January, 2025. 9 14, Yj, 10 Jy oO Gloria M. Navarro, District Judge ood tates District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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