Luczak v. Farnham

Filing 5

ORDER Adopting 4 Report and Recommendation in its entirety. IT IS FURTHER ORDERED that 1 Plaintiff's Complaint is DISMISSED. The Clerk shall enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 04/14/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CASEY LUCZAK,

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2:13-CV-2362 JCM (CWH)

Plaintiff(s),
v.
DAVID J. FARNHAM,

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Defendant(s).

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ORDER

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Presently before the court is Magistrate Judge Hoffman’s report and recommendation. (Doc.

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# 4). The magistrate recommends that plaintiff’s complaint (doc. # 1) be dismissed for failure to

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state a claim. No objections to the report and recommendation have been filed and the deadline in

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which to object has expired.

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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

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to 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’s findings in

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full.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the report and

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recommendation (doc. # 4) be, and the same hereby are, ADOPTED in its entirety.
IT IS FURTHER ORDERED that plaintiff’s complaint (doc. # 1) be, and the same hereby
is, DISMISSED. The clerk shall enter judgment accordingly and close the case.
DATED April 14, 2014.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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