Horizon Ridge 231, LLC v. Elizon Master Participation Trust I, U.S. Bank Trust National Association, as Owner Trustee et al

Filing 9

ORDER Adopting in full 8 Report and Recommendation. FURTHER ORDERED that this case is REMANDED to Clark county District Court. The clerk is instructed to close the case. Signed by Chief Judge Gloria M. Navarro on 9/24/15. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
HORIZON RIDGE 231, LLC,
4
5
6
7

Plaintiff,
vs.
ELIZON MASTER PARTICIPATION
TRUST I, et al.,

8

Defendants.

9
10

)
)
)
)
)
)
)
)
)
)

Case No.: 2:15-cv-0772-GMN-VCF
ORDER

Pending before the Court is the Report and Recommendation of United States

11

Magistrate Judge Cam Ferenbach, (ECF No. 8), which states that this case should be remanded

12

to Clark County District Court.

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

not required to conduct “any review at all . . . of any issue that is not the subject of an

20

objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

21

that a district court is not required to review a magistrate judge’s report and recommendation

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. 8), is
ADOPTED in full.
IT IS FURTHER ORDERED that this case is REMANDED to Clark County District
Court. The Clerk is instructed to 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