Huluwazu, Ed.D v. Snyder et al
ORDER that the Report and Recommendation of Magistrate Judge Peggy A. Leen ECF No. 5 is accepted and adopted in its entirety; Plaintiff's Complaint ECF No. 3 is dismissed without prejudice; Clerk directed to close case and enter judgment accordingly. Signed by Judge Miranda M. Du on 05/04/2017. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:16-cv-00369-MMD-PAL
WILLIAM SNYDER, et al,
ORDER ACCEPTING REPORT AND
PEGGY A. LEEN
Before the Court is the Report and Recommendation of United States Magistrate
Judge Peggy A. Leen (ECF No. 5) (“R&R”) relating to plaintiff’s failure to comply with the
court’s order giving Plaintiff until April 10, 2017, to file an amended complaint. (ECF No.
2.) Plaintiff was advised that a failure to do so would result in a recommendation to
dismiss this action. As of this date, Plaintiff has not complied with the court’s order, and
Magistrate Judge Leen submitted her R&R on April 14, 2017, recommending dismissal.
(ECF No. 5.) Plaintiff had until April 28, 2017, to object to the R&R. (Id.) To date, no
objection to the R&R has been filed.
This Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party
timely objects to a magistrate judge’s report 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) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the
view that district courts are not required to review “any issue that is not the subject of an
objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then
the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.
Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to
which no objection was filed).
Nevertheless, this Court finds it appropriate to engage in a de novo review to
determine whether to adopt Magistrate Judge Leen’s R&R. Upon reviewing the R&R and
records in this case, this Court finds good cause to adopt the Magistrate Judge’s R&R in
Recommendation of Magistrate Judge Peggy A. Leen (ECF No. 5) is accepted and
adopted in its entirety.
It is further ordered that Plaintiff’s Complaint (ECF No. 3) is dismissed without
It is further ordered that the Clerk of the Court close this case and enter judgment
DATED THIS 4th day of May 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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