Williams v. Smiles Today Dental
Filing
6
ORDER Adopting Magistrate Judge Hoffman's 4 Report and Recommendation. The clerk shall enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 3/27/2017. (Copies have been distributed pursuant to the NEF - SLD)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
***
7
DEONDRE WILLIAMS,
8
9
10
11
Case No. 2:14-CV-1014 JCM (CWH)
Plaintiff(s),
ORDER
v.
SMILES TODAY DENTAL,
Defendant(s).
12
13
Presently before the court is Magistrate Judge Hoffman’s report and recommendation that
14
plaintiff Deondre Williams’ case be dismissed for failure to file an amended complaint by an
15
August 13, 2014, deadline. (ECF No. 4). No objection has been filed.
16
This court “may accept, reject, or modify, in whole or in part, the findings or
17
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). If a party fails to object to a
18
magistrate judge’s report and recommendation, however, the court is not required to conduct “any
19
review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140,
20
149 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review
21
a magistrate judge’s report and recommendation where no objections have been filed. See United
22
States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003) (disregarding the standard of review
23
employed by the district court when reviewing a report and recommendation to which no
24
objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003)
25
(reading the Ninth Circuit’s decision in Reyna–Tapia as adopting the view that district courts are
26
not required to review “any issue that is not the subject of an objection.”).
27
This court agrees that a multi-year violation of a deadline to file an amended complaint is
28
adequate grounds for dismissal of the case without prejudice; furthermore, the balance of the five
James C. Mahan
U.S. District Judge
1
Ferdik factors clearly weighs in favor of dismissal. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260
2
(9th Cir. 1992); see also (ECF No. 4). Additionally, plaintiff was warned that a failure to comply
3
with the magistrate judge’s order may lead to the dismissal of his case. See (ECF Nos. 2, 4).
4
Accordingly,
5
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the report and
6
recommendation of Magistrate Judge Hoffman (ECF No. 4) be, and the same hereby are,
7
ADOPTED in their entirety.
8
The clerk shall enter judgment accordingly and close the case.
9
DATED March 27, 2017.
10
11
__________________________________________
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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?