Carr v. MSB NV-TX Holding, LLC

District Court, D. Nevada

Carr v. MSB NV-TX Holding, LLC

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 MONICA CARR, 4 Plaintiff, Case No.: 2:25-cv-00033-GMN-NJK 5 vs. 6 ORDER ADOPTING REPORT AND MSB NV-TX HOLDING, LLC, RECOMMENDATION 7 Defendant. 8 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 5), of 10 United States Magistrate Judge Nancy J. Koppe, which recommends dismissing this case for 11 lack of subject matter jurisdiction. (See generally R&R). The R&R notes that the complaint 12 raises only state law causes of action and that diversity jurisdiction does not exist because 13 Plaintiff is a resident of Nevada and Defendant is a corporation incorporated in Nevada. (Id. 14 1:20–26). 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 17 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made if the Magistrate Judge’s findings 19 and recommendations concern matters that may not be finally determined by a magistrate 20 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 21 findings or recommendations made by the Magistrate Judge.

28 U.S.C. § 636

(b)(1); D. Nev. R. 22 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 23 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,

474 U.S. 24

140, 149 (1985) (citing

28 U.S.C. § 636

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

328 F.3d 1114, 1122

(9th Cir. 2003). 2 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 3 5) (setting February 13, 2025, deadline for objections). 4 Accordingly, 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 5), is 6 || ACCEPTED and ADOPTED in full. 7 IT IS FURTHER ORDERED that this case is DISMISSED. 8 The Clerk of Court is kindly requested to close this case. 9 Dated this 19 day of February, 2025. 10 Ly, Vf, 1 Z fF Gloria M. Navarro, District Judge 12 Glen States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25

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