Greco et al v. Lane et al

Filing 39

ORDER accepting and adopting ECF No. 38 R&R; denying ECF Nos. 24 , 37 IFP applications; dismissing without prejudice this action; overruling as moot ECF No. 36 R&R; directing Clerk to enter judgment and close case. Signed by Judge Miranda M. Du on 12/30/2016. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10

ANTHONY GRECO, et al.,

Case No. 2:15-cv-001370-MMD-PAL
Plaintiffs,

11
v.
12
13

NYE COUNTY DISTRICT JUDGE
ROBERT LAKE, et al.

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

Defendants.

14
15
16

Before the Court is the Amended Report and Recommendation of United States

17

Magistrate Judge Peggy A. Leen (ECF No. 38) (“R&R” or “Recommendation”) relating to

18

Plaintiff Anthony Greco’s third application to proceed in forma pauperis (“IFP

19

Application”) (ECF No. 37). (ECF No. 38.) Plaintiff filed the third IFP Application after the

20

Magistrate Judge issued the initial Report and Recommendation (ECF No. 36)

21

addressing his second IFP Application. (ECF No. 37.) Plaintiff had until November 26,

22

2016, to object to the R&R. (ECF No. 38.) To date, no objection to the R&R has been

23

filed.

24

This Court “may accept, reject, or modify, in whole or in part, the findings or

25

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

26

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

27

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

28

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

1

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

2

that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).

3

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

4

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

5

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

6

of review employed by the district court when reviewing a report and recommendation to

7

which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

8

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

9

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

10

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

11

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

12

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

13

which no objection was filed).

14

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

15

determine whether to adopt Magistrate Judge Leen’s R&R. Upon reviewing the R&R and

16

the filings in this case, this Court finds good cause to adopt the Magistrate Judge’s

17

Recommendation in full.
It

18

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

19

Recommendation of Magistrate Judge Peggy A. Leen (ECF No. 38) is accepted and

20

adopted in its entirety.

21

It is further ordered that Plaintiff Applications to Proceed In Forma Pauperis (ECF

22

Nos. 24, 37) are denied and this action is dismissed without prejudice to Plaintiff’s ability

23

to commence a new action in which he either pays the appropriate filing fee in full or

24

submits a sufficient application to proceed in forma pauperis.
It

25

is

further

ordered

that

the

Magistrate

Judge’s

initial

Report

and

26

Recommendation (ECF No. 36) is overruled as moot by the Magistrate Judge’s issuance

27

of the R&R.

28

///
2

1
2

The Clerk of Court is instructed to enter judgment accordingly and close this case.
DATED THIS 30th day of December 2016.

3
4
5

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3