Belssner v. Autodynamics et al

Filing 3

ORDER. IT IS HEREBY ORDERED that 2 the Report and Recommendation is ADOPTED in full. IT IS FURTHER ORDERED that 1 the Application for Leave to Proceed In Forma Pauperisis DENIED and the complaint is dismissed without prejudice. Signed by Chief Judge Gloria M. Navarro on 3/21/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES N. BELSSNER,
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Plaintiff,
vs.
AUTODYNAMICS.,

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Defendant.

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Case No.: 2:15-cv-2128-GMN-PAL
ORDER

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

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Magistrate Judge Peggy A. Leen, (ECF No. 2), which states that Plaintiff Charles N. Belssner’s

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(“Plaintiff’s”) Application to Proceed In Forma Pauperis, (ECF No. 1), be denied and that the

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complaint be dismissed without prejudice due to a lack of subject matter jurisdiction.

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A party may file specific written objections to the findings and recommendations of a

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United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

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D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

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determination of those portions to which objections are made. Id. The Court may accept, reject,

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or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

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28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

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

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

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

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where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

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1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed.

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 2), is

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ADOPTED in full.
IT IS FURTHER ORDERED that the Application for Leave to Proceed In Forma
Pauperis, (ECF No. 1), is DENIED and the complaint is dismissed without prejudice.

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DATED this ___ day of March, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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