Sanders v. County of Los Angeles
Filing
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ORDER Adopting in its entirety 8 Report and Recommendation. Denying 5 Application for Leave to Proceed in forma pauperis. Denying 4 Motion to expedite. Plaintiffs complaint is dismissed without prejudice. Signed by Judge James C. Mahan on 4/8/2014. (Copies have been distributed pursuant to the NEF - SLR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TABITHA SANDERS,
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2:13-CV-1469 JCM (NJK)
Plaintiff(s),
v.
COUNTY OF LOS ANGELES, et al.,
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Defendant(s).
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ORDER
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Presently before the court are the report and recommendation of Magistrate Judge Koppe.
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(Doc. # 8). No objections have been filed even though the deadline for filing objections has passed.
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Following plaintiff Tabitha Sanders’ failure to respond to an order to show cause as to why
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the court should not dismiss her complaint pursuant to Local Rule 2-2, Magistrate Judge Koppe
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recommended that this action be dismissed without prejudice. (Doc. # 8).
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This court “may accept, reject, or modify, in whole or in part, the findings or
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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects to
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a magistrate judge’s report and recommendation, then the court is required to “make a de novo
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determination of those portions of the [report and recommendation] to which objection is made.”
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28 U.S.C. § 636(b)(1).
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Where a party fails to object, however, the court is not required to conduct “any review at all
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. . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).
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Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate
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James C. Mahan
U.S. District Judge
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judge’s report and recommendation where no objections have been filed. See United States v.
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Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review employed by the
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district court when reviewing a report and recommendation to which no objections were made); see
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also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s
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decision in Reyna–Tapia as adopting the view that district courts are not required to review “any
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issue that is not the subject of an objection.”). Thus, if there is no objection to a magistrate judge’s
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recommendation, then this court may accept the recommendation without review. See, e.g.,
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Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation
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to which no objection was filed).
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Nevertheless, this court finds it appropriate to engage in a de novo review to determine
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whether to adopt the recommendation of the magistrate judge. Upon reviewing the recommendation
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and underlying briefs, this court finds good cause appears to ADOPT the magistrate judge’s findings
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in full.
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Accordingly,
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IT IS HEREBY, ORDERED, AND DECREED that the report and recommendation of
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Magistrate Judge Koppe (doc. # 8) are ADOPTED in their entirety.
IT IS FURTHER ORDERED that plaintiff’s motion for leave to proceed in forma pauperis
(doc. # 5) is DENIED.
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IT IS FURTHER ORDERED that plaintiff’s motion to expedite (doc. # 4) is DENIED.
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IT IS FURTHER ORDERED that plaintiff’s complaint is DISMISSED without prejudice.
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DATED April 8, 2014.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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