Martinez v. Toombs

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA ANTHONY E. MARTINEZ, Plaintiff, Case No.: 2:23-cv-01048-GMN-BNW vs. 6 ORDER ADOPTING REPORT AND ARNOLD TOOMBS, et al. RECOMMENDATION Defendants.

9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 32), of United States Magistrate Judge Brenda Weksler, which recommends dismissing Plaintiff’s case without prejudice. Plaintiff failed to comply with an order directing him to update his address. (See Minute Order, ECF No. 27). Moreover, he has not participated in this case since May of last year. (See R&R. ECF No. 32).

14 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 if the Magistrate Judge’s findings and recommendations concern matters that may not be finally determined by a magistrate judge. 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. 23 140, 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).

1 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF ||No. 32) (setting an April 1, 2025, deadline for objections).

3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 32), is || ACCEPTED and ADOPTED in full.

6 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice.

7 Dated this □□□ of April, 2025. i, Gloria M. Nayarro, District Judge 10 United Maar, D Court Page 2 of 2