Wells v. Astrue

Filing 29

ORDER Adopting in its entirety Magistrate Judge Leen's 17 Report and Recommendation. Plaintiff's 15 Motion for Entry of Clerks Default is Denied and Plaintiff's 16 Motion for Default Judgment is Denied. Signed by Judge James C. Mahan on 3/20/2014. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 LEONARDO DEBVESS WELLS, SR., 9 10 11 2:13-CV-529 JCM (PAL) Plaintiff(s), v. CAROLYN W. COLVIN, 12 Defendant(s). 13 14 15 ORDER 16 Presently before the court are the report and recommendation of Magistrate Judge Leen. 17 (Doc. # 17). No objections have been filed even though the deadline date for filing objections has 18 expired. 19 Plaintiff has filed a motion for entry of clerk’s default (doc. # 15) and a motion for default 20 judgment (doc. # 16). However, at the time these motions were filed, plaintiff had not properly 21 served the United States as required by Federal Rule of Civil Procedure 4(I). As such, the magistrate 22 judge recommends that these motions be denied. 23 This court “may accept, reject, or modify, in whole or in part, the findings or 24 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects to 25 a magistrate judge’s report and recommendation, then the court is required to “make a de novo 26 determination of those portions of the [report and recommendation] to which objection is made.” 27 28 U.S.C. § 636(b)(1). 28 James C. Mahan U.S. District Judge 1 Where a party fails to object, however, the court is not required to conduct “any review at all 2 . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). 3 Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate 4 judge’s report and recommendation where no objections have been filed. See United States v. 5 Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review employed by the 6 district court when reviewing a report and recommendation to which no objections were made); see 7 also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s 8 decision in Reyna–Tapia as adopting the view that district courts are not required to review “any 9 issue that is not the subject of an objection.”). Thus, if there is no objection to a magistrate judge’s 10 recommendation, then this court may accept the recommendation without review. See, e.g., 11 Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation 12 to which no objection was filed). 13 Nevertheless, this court finds it appropriate to engage in a de novo review to determine 14 whether to adopt the recommendation of the magistrate judge. Upon reviewing the recommendation 15 and underlying briefs, this court finds good cause appears to ADOPT the magistrate judge’s findings 16 in full. 17 Accordingly, 18 IT IS HEREBY, ORDERED, AND DECREED that the report and recommendation of 19 20 21 22 23 24 Magistrate Judge Leen (doc. # 17) are ADOPTED in their entirety. IT IS FURTHER ORDERED that plaintiff’s motion for entry of clerk’s default (doc. # 15) is DENIED. IT IS FURTHER ORDERED that plaintiff’s motion for default judgment (doc. # 16) is DENIED. DATED March 20, 2014. 25 26 UNITED STATES DISTRICT JUDGE 27 28 James C. Mahan U.S. District Judge -2-

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