Bankhead v. McNeil

District Court, D. Nevada

Bankhead v. McNeil

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 STEVEN BANKHEAD, 4 Plaintiff, Case No.: 2:25-cv-00144 5 vs. 6 ORDER ADOPTING MONIQUE MCNEIL, et al., REPORT AND RECOMMENDATION 7 Defendants. 8

9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 6), 10 from United States Magistrate Judge Maximiliano D. Couvillier III recommending that 11 Plaintiff’s case be dismissed for failure to either pay the filing fee or submit a complete in 12 forma pauperis application (“IFP”). (See generally R&R, ECF No. 6). 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made if the Magistrate Judge’s findings 17 and recommendations concern matters that may not be finally determined by a magistrate 18 judge. D. Nev. R. IB 3-2(b). The Court may accept, reject, or modify, in whole or in part, the 19 findings or recommendations made by the Magistrate Judge.

28 U.S.C. § 636

(b)(1); D. Nev. R. 20 IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct “any 21 review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn,

474 U.S. 22

140, 149 (1985) (citing

28 U.S.C. § 636

(b)(1)). Indeed, the Ninth Circuit has recognized that a 23 district court is not required to review a magistrate judge’s R&R where no objections have been 24 filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114, 1122

(9th Cir. 2003). 25 No objections to the R&R were filed, and the deadline to do so has passed. (See 1 || generally R&R) (setting an April 29, 2025, deadline for objections). 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 6), is 4 |} ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiff's case is DISMISSED without prejudice. 6 || The Clerk of Court is kindly directed to close the case. 7 Dated this 29 day of May, 2025. 8 Ly, Yj, Gloria M. Nayarro, District Judge 10 United re Court 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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