Helfrich v. Cox et al

Filing 51

ORDER that Magistrate Judge Peggy A. Leen's 50 Report and Recommendation is accepted and adopted in its entirety. The 47 Motion to Enforce Settlement is Granted. Defendants shall comply with the deadlines set forth in the report and recommendation including the settlement agreement and certificate of compliance. Plaintiff's 1 Motion/Application for Leave to Proceed in forma pauperis is Denied as moot in light of the settlement. It is ordered that after defendants file a certificate of compliance, the clerk of the court is instructed to close this case. Signed by Judge James C. Mahan on 12/7/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PETER JASON HELFRICH,

Case No. 2:15-cv-00384-JCM-PAL
Plaintiff,

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v.

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE
PEGGY A. LEEN

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JAMES GREG COX et al.,
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Defendant.
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Before the court is the report and recommendation of United States Magistrate

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Judge Peggy A. Leen (ECF No. 50) (“R&R” or “recommendation”) relating to defendants’

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motion to enforce settlement (ECF No. 47). The parties had until November 26, 2016, to

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object to the R&R. No objection has been filed.

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

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timely objects to a magistrate judge’s report and recommendation, then the court is

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required to “make a de novo determination of those portions of the [report and

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recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party

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fails to object, however, the court is not required to conduct “any review at all . . . of any

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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

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

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

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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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1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the

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view that district courts are not required to review “any issue that is not the subject of an

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objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then

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

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F.Supp.2d at 1226 (accepting, without review, a magistrate judge’s recommendation to

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which no objection was filed).

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

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determine whether to adopt Magistrate Judge Leen’s R&R. The magistrate judge

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recommended granting defendants’ motion to enforce settlement reached. (ECF No. 50

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at 7). Upon reviewing the R&R and underlying briefs, this court finds good cause to

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adopt the magistrate judge’s recommendation in full.

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It is therefore ordered, adjudged and decreed that the report and recommendation

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of Magistrate Judge Peggy A. Leen (ECF No. 50) is accepted and adopted in its entirety.

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It is ordered that the motion to enforce settlement (ECF No. 47) is granted.

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It is further ordered that defendants shall comply with the deadlines set forth in the

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report and recommendation (ECF No. 50 at 7) including: (a) within 30 days of this order,

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defendants shall comply with the terms of the settlement agreement and (b) defendants

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shall file a certificate of compliance certifying to the court that they have complied with

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the agreed terms of the agreement memorialized on the record.

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It is ordered that plaintiff’s application to proceed in forma pauperis (ECF No. 1) is
denied as moot in light of the settlement.
It is ordered that after defendants file a certificate of compliance, the clerk of the
court is instructed to close this case.

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DATED THIS ___ day2016.
December 7, of December 2016.
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UNITED STATES DISTRICT JUDGE
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