Lawrence v. State of Nevada et al

Filing 7

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 5 Report and Recommendation is ADOPTED. IT IS FURTHER ORDERED that the clerk shall file the complaint but shall not issue summons. IT IS FURTHER ORDERED that the complaint 1 -1 be, and the same hereby is, DISMISSED without prejudice. IT IS FURTHER ORDERED that the clerk shall enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 4/14/16. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GREGGORY LAWRENCE,

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Case No. 2:14-CV-1885 JCM (PAL)
Plaintiff(s),

ORDER

v.
STATE OF NEVADA, et al.,

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Defendant(s).

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Presently before the court are the report and recommendation of Magistrate Judge Leen.
(Doc. # 5). No objections have been filed, and the time for doing so has passed.
Plaintiff submitted a civil rights complaint under 42 U.S.C. § 1983. (Doc. # 1). Plaintiff
did not file an application to proceed in forma pauperis or pay the $400.00 filing fee. Judge Leen
ordered plaintiff to file a completed in forma pauperis application or pay the fee by August 17,

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2015. (Doc. # 2). The magistrate judge’s order warned plaintiff that failure to comply with the
order would result in a recommendation to the undersigned that this case be dismissed. (Id.)

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Plaintiff did not comply with the court’s order. Furthermore, plaintiff has changed his

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address without notifying the court in violation of LSR 2-2. (See doc. # 3). Failure to comply with

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LSR 2-2 may result in dismissal with prejudice. LSR 2-2. Judge Leen therefore recommends that

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the action be dismissed without prejudice. (Doc. # 5).

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This court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects
to a magistrate judge’s report and recommendation, then the court is required to “make a de novo
determination of those portions of the [report and recommendation] to which objection is made.”
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

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all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149

James C. Mahan
U.S. District Judge

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(1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a

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magistrate judge’s report and recommendation where no objections have been filed. See United

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

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employed by the district court when reviewing a report and recommendation to which no

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objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003)
(reading the Ninth Circuit’s decision in Reyna–Tapia as adopting the view that district courts are
not required to review “any issue that is not the subject of an objection.”). Thus, if there is no

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objection to a magistrate judge’s recommendation, then this court may accept the recommendation

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without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a

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magistrate judge’s recommendation 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.

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recommendation and the record in this matter, this court finds that good cause appears to adopt the

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magistrate judge’s findings and recommendations in full.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the report and

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recommendation of Magistrate Judge Leen (doc. # 5) be, and the same hereby are, ADOPTED in
their entirety

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IT IS FURTHER ORDERED that the clerk shall file the complaint but shall not issue
summons.

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IT IS FURTHER ORDERED that the complaint (doc. # 1) be, and the same hereby is,
DISMISSED without prejudice.
IT IS FURTHER ORDERED that the clerk shall enter judgment accordingly and close the

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case.
DATED April 14, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

Upon reviewing the

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