Huluwazu, Ed.D v. Snyder et al

Filing 6

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)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 PAPA HULUWAZU, Case No. 2:16-cv-00369-MMD-PAL Plaintiff, 10 v. 11 WILLIAM SNYDER, et al, 12 Defendants. ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE PEGGY A. LEEN 13 14 Before the Court is the Report and Recommendation of United States Magistrate 15 Judge Peggy A. Leen (ECF No. 5) (“R&R”) relating to plaintiff’s failure to comply with the 16 court’s order giving Plaintiff until April 10, 2017, to file an amended complaint. (ECF No. 17 2.) Plaintiff was advised that a failure to do so would result in a recommendation to 18 dismiss this action. As of this date, Plaintiff has not complied with the court’s order, and 19 Magistrate Judge Leen submitted her R&R on April 14, 2017, recommending dismissal. 20 (ECF No. 5.) Plaintiff had until April 28, 2017, to object to the R&R. (Id.) To date, no 21 objection to the R&R has been filed. 22 This Court “may accept, reject, or modify, in whole or in part, the findings or 23 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 24 timely objects to a magistrate judge’s report and recommendation, then the court is 25 required to “make a de novo determination of those portions of the [report and 26 recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails 27 to object, however, the court is not required to conduct “any review at all . . . of any issue 28 that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). 1 Indeed, the Ninth Circuit has recognized that a district court is not required to review a 2 magistrate judge’s report and recommendation where no objections have been filed. See 3 United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard 4 of review employed by the district court when reviewing a report and recommendation to 5 which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 6 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the 7 view that district courts are not required to review “any issue that is not the subject of an 8 objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then 9 the court may accept the recommendation without review. See, e.g., Johnstone, 263 F. 10 Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to 11 which no objection was filed). 12 Nevertheless, this Court finds it appropriate to engage in a de novo review to 13 determine whether to adopt Magistrate Judge Leen’s R&R. Upon reviewing the R&R and 14 records in this case, this Court finds good cause to adopt the Magistrate Judge’s R&R in 15 full. 16 It is therefore ordered, adjudged and decreed that the Report and 17 Recommendation of Magistrate Judge Peggy A. Leen (ECF No. 5) is accepted and 18 adopted in its entirety. 19 20 21 22 23 It is further ordered that Plaintiff’s Complaint (ECF No. 3) is dismissed without prejudice. It is further ordered that the Clerk of the Court close this case and enter judgment accordingly. DATED THIS 4th day of May 2017. 24 25 26 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 27 28 2

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