Clark et al v. Podesta et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED that the Report and Recommendation 27 shall be INCORPORATED by reference and ADOPTED in its entirety. IT IS FURTHER ORDERED Defendants' Motion to Dismiss 20 isDENIED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

ERIC R. CLARK, attorney at law; and
CLARK & ASSOCIATES, PLLC,
Plaintiffs,

Case No. 1:15-CV-0008-EJL-CWD
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
JEFFERY J. PODESTA, individually and
as the agent of Street Search, LLC; and
STREET SEARCH, LLC, a New Jersey
limited liability company,
Defendants.

Chief United States Magistrate Judge Candy W. Dale issued a Report and
Recommendation in this matter. (Dkt. 27). Pursuant to 28 U.S.C. § 636(b)(1), the parties
had until September 28, 2015 in which to file written objections to the Report and
Recommendation. No objections were filed by the parties and the time for doing so has
passed.
DISCUSSION
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court “may accept, reject, or modify, in
whole or in part, the findings and recommendations made by the magistrate judge.”
Where the parties object to a report and recommendation, this Court “shall make a de
ORDER ADOPTING REPORT AND RECOMMENDATION - 1

novo determination of those portions of the report which objection is made.” Id. Where,
however, no objections are filed the district court need not conduct a de novo review. In
United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003), the court interpreted
the requirements of 28 U.S.C. 636(b)(1)(C):
The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district judge
must review the magistrate judge's findings and recommendations de novo
if objection is made, but not otherwise. As the Peretz Court instructed, “to
the extent de novo review is required to satisfy Article III concerns, it need
not be exercised unless requested by the parties.” Peretz, 501 U.S. at 939
(internal citation omitted). Neither the Constitution nor the statute requires a
district judge to review, de novo, findings and recommendations that the
parties themselves accept as correct. See Ciapponi, 77 F.3d at 1251
(“Absent an objection or request for review by the defendant, the district
court was not required to engage in any more formal review of the plea
proceeding.”); see also Peretz, 501 U.S. at 937-39 (clarifying that de novo
review not required for Article III purposes unless requested by the parties)
....
See also Wang v. Masaitis, 416 F.3d 993, 1000 & n.13 (9th Cir. 2005). Furthermore, to
the extent that no objections are made, arguments to the contrary are waived. See Fed. R.
Civ. P. 72; 28 U.S.C. § 636(b)(1) (objections are waived if they are not filed within
fourteen days of service of the Report and Recommendation). “When no timely objection
is filed, the Court need only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.” Advisory Committee Notes to Fed. R.
Civ. P. 72 (citing Campbell v. United States Dist. Court, 501 F.2d 196, 206 (9th
Cir.1974)).

ORDER ADOPTING REPORT AND RECOMMENDATION - 2

In this case, no objections were filed so the Court is not required to conduct a de
novo determination of the Report and Recommendation. The Court has, however,
reviewed the Report and Recommendation and the record in this matter and finds no clear
error on the face of the record. Moreover, the Court finds the Report and
Recommendation is well-founded in the law based on the facts of this particular case and
this Court is in agreement with the same.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation (Dkt. 27) shall
be INCORPORATED by reference and ADOPTED in its entirety.
IT IS FURTHER ORDERED Defendants’ Motion to Dismiss (Dkt. 20) is
DENIED.

DATED: September 29, 2015

Honorable Edward J. Lodge
U. S. District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION - 3