Yoe v. Las Vegas Metro Police Department Vice Unit

District Court, D. Nevada

Yoe v. Las Vegas Metro Police Department Vice Unit

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 JOSHUA RUELL YOE, 4 Plaintiff, Case No.: 2:24-cv-02425-GMN-EJY 5 vs. 6 ORDER ADOPTING, IN PART, LAS VEGAS METROPOLITAN POLICE REPORT AND RECOMMENDATION 7 DEPARTMENT VICE UNITY,

8 Defendant. 9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 14), 10 from United States Magistrate Judge Elayna J. Youchah recommending that Plaintiff Joshua 11 Yoe’s case be dismissed without prejudice, without leave to amend, and for judgment to be 12 entered in favor of Defendant. (See generally R&R, ECF No. 14). 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 R&R, 2 || ECF No. 14) (setting a June 30, 2025, deadline for objections). 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 14), is 5 || ACCEPTED and ADOPTED, IN PART. The Court dismisses this action without prejudice 6 || but will not enter judgment in favor of Defendant because the action is dismissed without 7 || prejudice. 8 IT IS FURTHER ORDERED that Plaintiffs action is DISMISSED without 9 || prejudice. The Clerk of Court is kindly instructed to close the case. 10 Dated this 15 _ day of August, 2025. 1] Yj, 12 Wh | Gloria M. Nalvarro, District Judge 13 United ie District Court 14 15 16 17 18 19 20 21 22 23 24 25

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