Antelo v. DePuy Synthes Products, LLC et al

Filing 76

ORDER. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Amended Report and Recommendation of Magistrate Judge George Foley, Jr. 72 be accepted andadopted in its entirety.IT IS ORDERED that this case is dismissed without prejudice.IT IS FURTHER ORDERED that Judgment 68 is denied as moot.The Clerk is directed to close this case Signed by Judge Miranda M. Du on 1/22/16. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JULIO ANTELO.,

Case No. 2:13-cv-01613-MMD-GWF
Plaintiff,

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v.
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DEPUY SYNTHES PRODUCTS, LLC;
DEPUY SYNTHES SALES, INC.,

ORDER ADOPTING AND ACCEPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE
GEORGE FOLEY, JR.

Defendants.

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Before the Court is the Amended Report and Recommendation of United States

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Magistrate Judge George Foley, Jr. (dkt. no. 72)

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this action without prejudice. The deadline to object to the R&R is January 9, 2016.

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(Dkt. no. 72.) To date, no objection to the R&R has been filed.

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R&R , recommending dismissal of

This C

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recommendations made by the magistrate judge

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28 U.S.C. § 636(b)(1). Where a party

timely objects

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de novo determination of those portions of the [report and

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28 U.S.C. § 636(b)(1). Where a party fails

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to object

. . . of any issue

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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

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magistrate

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United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard

See

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of review employed by the district court when reviewing a report and recommendation to

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which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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decision in Reyna-Tapia as adopting the

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issue that is not the subject of an

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recommendation, then

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the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.

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Supp. 2d at 1226 (accepting, without review, a magistrate j

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which no objection was filed).

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to

Nevertheless, this Court finds it appropriate to engage in a de novo review to

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determine whether to adopt Magistrate Judge Foley

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ample opportunity to retain counsel to prosecute this action.

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the Court in a status report that Plaintiff has not been able to retain counsel and is

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unable to prosecute this action himself. (Dkt. no. 70.) Accordingly, the Magistrate Judge

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recommends dismissal of this action without prejudice. (Dkt. no. 72.) Upon reviewing the

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R&R and records in this case, this Court finds good cause to adopt the Magistrate

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&R. Plaintiff has been given

&R in full.

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It is therefore ordered, adjudged and decreed that the Amended Report and

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Recommendation of Magistrate Judge George Foley, Jr. (dkt. no. 72) be accepted and

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adopted in its entirety.

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It is ordered that this case is dismissed without prejudice.

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It is further ordered that

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Judgment (dkt. no. 68)

is denied as moot.
The Clerk is directed to close this case.
DATED THIS 22nd day of January 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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