Elgas et al v. Straub

Filing 4

ORDER Adopting in full 3 Report and Recommendation. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. Signed by Chief Judge Gloria M. Navarro on 9/24/15. (Copies have been distributed pursuant to the NEF - PS)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 THOMAS ELGAS, 4 5 6 Plaintiff, vs. RICHARD STRAUB, 7 Defendant. 8 ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-0433-GMN-CWH ORDER 9 10 Pending before the Court is the Report and Recommendation of United States 11 Magistrate Judge Carl W. Hoffman, (ECF No. 3), which states that this case should be 12 dismissed without prejudice. 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made. Id. The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 19 20 ct of an Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 21 22 where no objections have been filed. See, e.g., United States v. Reyna Tapia, 328 F.3d 1114, 23 1122 (9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. 25 Accordingly, Page 1 of 2 1 2 3 4 5 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 3), is ADOPTED in full. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. The Clerk is instructed to enter judgment accordingly and close the case. DATED this 24th day of September, 2015. 6 7 8 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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