Cass v. JD and MCD, LLC et al

Filing 15

ORDER. IT IS HEREBY ORDERED that 14 the Report and Recommendation is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff Thomas Albert Cass's case is DISMISSED without prejudice. IT IS FURTHER ORDERED that the Clerk's Office shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 4/5/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 THOMAS ALBERT CASS, Plaintiff, 5 6 7 vs. JD AND MCD, LLC, et al., Defendants. 8 ) ) ) ) ) ) ) ) Case No.: 2:16-cv-00110-GMN-PAL ORDER 9 Pending before the Court is the Report and Recommendation of United States 10 Magistrate Judge Peggy A. Leen, (ECF No. 14), which recommends that Plaintiff Thomas 11 Albert Cass’s case be dismissed without prejudice. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 14 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made. Id. The Court may accept, reject, 16 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 17 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 18 not required to conduct “any review at all . . . of any issue that is not the subject of an 19 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 20 that a district court is not required to review a magistrate judge’s report and recommendation 21 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 22 1122 (9th Cir. 2003). 23 Here, no objections were filed, and the deadline to do so has passed. 24 /// 25 /// Page 1 of 2 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 14), is 3 4 5 6 ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff Thomas Albert Cass’s case is DISMISSED without prejudice. IT IS FURTHER ORDERED that the Clerk’s Office shall enter judgment accordingly. 7 8 5 DATED this ________ day of April, 2018. 9 10 11 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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