Duggan v. Las Vegas Metro Police Dept et al
Filing
3
ORDER Adopting in it's entirety 2 Report and Recommendation. Plaintiffs complaint is DISMISSED without prejudice. Amended Complaint due within 30 days. Signed by Judge James C. Mahan on 7/2/2014. (Copies have been distributed pursuant to the NEF - SLR)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
CHRISTOPHER DUGGAN,
9
10
11
12
13
2:14-CV-487 JCM (VCF)
Plaintiff(s),
v.
LAS VEGAS METROPOLITAN
POLICE DEPARTMENT, et al.,
Defendant(s).
14
15
ORDER
16
Presently before the court are the report and recommendation of Magistrate Judge Ferenbach.
17
(Doc. # 2). No objections have been filed even though the deadline for filing objections has passed.
18
After granting pro se plaintiff Christopher Duggan’s motion for leave to proceed in forma
19
pauperis, Magistrate Judge Ferenbach recommended that the complaint be dismissed for failure to
20
comply with Federal Rule of Civil Procedure 8(a). (Doc. # 2).
21
This court “may accept, reject, or modify, in whole or in part, the findings or
22
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects to
23
a magistrate judge’s report and recommendation, then the court is required to “make a de novo
24
determination of those portions of the [report and recommendation] to which objection is made.”
25
28 U.S.C. § 636(b)(1).
26
Where a party fails to object, however, the court is not required to conduct “any review at all
27
. . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).
28
James C. Mahan
U.S. District Judge
1
Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate
2
judge’s report and recommendation where no objections have been filed. See United States v.
3
Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review employed by the
4
district court when reviewing a report and recommendation to which no objections were made); see
5
also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s
6
decision in Reyna–Tapia as adopting the view that district courts are not required to review “any
7
issue that is not the subject of an objection.”). Thus, if there is no objection to a magistrate judge’s
8
recommendation, then this court may accept the recommendation without review. See, e.g.,
9
Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation
10
to which no objection was filed).
11
Nevertheless, this court finds it appropriate to engage in a de novo review to determine
12
whether to adopt the recommendation of the magistrate judge. Upon reviewing the recommendation
13
and underlying briefs, this court finds good cause appears to ADOPT the magistrate judge’s findings
14
in full.
15
Accordingly,
16
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the report and
17
recommendation of Magistrate Judge Ferenbach (doc. # 2) are ADOPTED in their entirety.
18
IT IS FURTHER ORDERED that plaintiff’s complaint is DISMISSED without prejudice.
19
IT IS FURTHER ORDERED that plaintiff shall have thirty (30) days from the entry of this
20
order to file an amended complaint correcting the deficiencies identified in Magistrate Judge
21
Ferenbach’s report and recommendation. Failure to file an amended complaint within this time
22
period may result in dismissal of plaintiff’s claims with prejudice.
23
DATED July 2, 2014.
24
25
UNITED STATES DISTRICT JUDGE
26
27
28
James C. Mahan
U.S. District Judge
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?