Klucka v. Nelson

Filing 4

ORDER adopting ECF No. 2 Report and Recommendation; dismissing ECF No. 1 -1 Complaint; and instructing clerk to enter judgment and close case. Signed by Judge James C. Mahan on 5/23/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAVID KLUCKA,

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Case No. 2:15-CV-2277 JCM (GWF)
Plaintiff(s),

ORDER

v.
ROY L. NELSON,

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Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court are the report and recommendation of Magistrate Judge Foley.
(ECF No. 2). No objections were filed, and the deadline for filing objections has passed.
Magistrate Judge Foley recommended that plaintiff’s complaint be dismissed with
prejudice for failure to state a claim upon which relief can be granted.
This court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects
to a magistrate judge’s findings and recommendation, then the court is required to “make a de
novo determination of those portions of the report and recommendation to which objection is
made.” 28 U.S.C. § 636(b)(1).
Where a party fails to object, however, the court is not required to conduct “any review at
all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149
(1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a
magistrate judge’s report and recommendation where no objections have been filed. See United
States v. Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review
employed by the district court when reviewing a report and recommendation to which no
objections were made); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003)

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(reading the Ninth Circuit’s decision in Reyna–Tapia as adopting the view that district courts are

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not required to review “any issue that is not the subject of an objection.”). Thus, if there is no

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objection to a magistrate judge’s recommendation, then this court may accept the recommendation

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without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a

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magistrate judge’s recommendation to which no objection was filed).

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

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whether to adopt the recommendation of the magistrate judge.

Upon reviewing the

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recommendation and underlying briefs, this court finds good cause to ADOPT the magistrate

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judge’s findings in full.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the report and

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recommendation of Magistrate Judge Foley (ECF No. 2), are ADOPTED in their entirety.
IT IS FURTHER ORDERED that plaintiff’s complaint (ECF No. 1-1) is DISMISSED with
prejudice.

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The clerk is instructed to enter judgment accordingly and close the case.

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DATED May 23, 2016.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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