Orr v. Nevada State Board of Osteopathic Medicine et al

Filing 54

ORDER. IT IS HEREBY ORDERED that 52 the Report and Recommendation is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that 40 Defendant Nevada State Board of Osteopathic Medicine's (Defendant's) Motion to Attorney's Fees is GRANTED. IT IS FURTHER ORDERED that Defendant shall be awarded attorneys fees in the amount of $8,002.00. The Clerk of Court shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 12/28/16. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MARIAN ORR, D.O., 4 5 6 7 Plaintiff, vs. NEVADA STATE BOARD OF OSTEOPATHIC MEDICINE et al., 8 Defendants. 9 ) ) ) ) ) ) ) ) ) ) Case No.: 2:12-cv-2119-GMN-VCF ORDER 10 11 12 13 Pending before the Court is the Report and Recommendation of United States Magistrate Judge Cam Ferenbach (ECF No. 52), entered on December 5, 2016. 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. Id. The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 19 not required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 21 that a district court is not required to review a magistrate judge’s report and recommendation 22 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 23 1122 (9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. 25 Accordingly, Page 1 of 2 1 2 3 4 5 6 7 IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 52) is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Defendant Nevada State Board of Osteopathic Medicine’s (“Defendant’s”) Motion to Attorney’s Fees (ECF No. 40) is GRANTED. IT IS FURTHER ORDERED that Defendant shall be awarded attorney’s fees in the amount of $8,002.00. The Clerk of Court shall enter judgment accordingly. 8 9 DATED this ___ day of December, 2016. 28 10 11 12 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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