Angelo Smith v. Kerri J. Maxey, et al.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ANGELO SMITH, Plaintiff, Case No.: 2:25-cv-01309-GMN-MDC 5 vs. ORDER ADOPTING REPORT AND KERRI J. MAXEY, et al., RECOMMENDATION Defendants.

9 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 11), of United States Magistrate Maximiliano D. Couvillier, III, which recommends dismissing this case if Plaintiff fails to pay the filing fee by October 31, 2025.

12 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. 21 140, 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).

24 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF No. 11) (setting an October 20, 2025, deadline for objections). Plaintiff did not pay the filing || fee or file a new IFP application by October 31, 2025.

2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 11), is |} ACCEPTED and ADOPTED in full.

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

6 The Clerk of Court is kindly directed to close this case.

7 Dated this _5 day of November, 2025.

9 Gloria M’ avarro, District Judge 10 United es District Court Page 2 of 2