New York State Correctional v. McCray
New York State Correctional v. McCray
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *
7 NEW YORK STATE CORRECTIONAL, Case No. 2:24-cv-01666-RFB-MDC
8 Plaintiff, ORDER
9 v.
10 RICHARDO McCRAY,
11 Defendant.
12 13 Before the Court for consideration is the Report and Recommendation (“R&R”) of the 14 Honorable Maximiliano D. Couvillier, United States Magistrate Judge, dated October 24, 2024 15 (ECF No. 3). For the reasons explained below, the Court adopts the R&R in full 16 A district court “may accept, reject, or modify, in whole or in part, the findings or 17 recommendations made by the magistrate.”
28 U.S.C. § 636(b)(1). A party may file specific 18 written objections to the findings and recommendations of a magistrate judge.
28 U.S.C. § 19636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 20 required to “make a de novo determination of those portions of the report or specified proposed 21 findings or recommendations to which objection is made.”
28 U.S.C. § 636(b)(1); see also Local 22 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 23 “any review,” de novo1 or otherwise, of the report and recommendations of a magistrate judge. 24 Thomas v. Arn,
474 U.S. 140, 149(1985). 25 No objections have been filed. The Court has reviewed the record in this case and concurs 26 with the Magistrate Judge’s recommendations. 27 1 De novo review simply means a review by one court using the lower court’s record but reviewing the 28 evidence and the law without deference to the lower court’s findings and rulings. See Appeal, Black’s Law Dictionary (11th ed. 2019). ] Therefore, for the foregoing reasons, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. □□ □□ ADOPTED in full. The Complaint (ECF No. 1-1) is DISMISSED for improper venue and the in forma pauperis application is DENIED as moot. The Clerk of Court is instructed to close the case. 5 6| DATED: April 14, 2025. 7 8 AS 9 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Reference
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