Jacobsen v. Douglas et al

Filing 6

ORDER accepting and adopting in its entirety ECF No. 5 Report and Recommendation; denying with prejudice ECF No. 1 Complaint; directing Clerk to enter judgment and close case. Signed by Judge Miranda M. Du on 4/3/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 CRAIG LESLIE JACOBSEN, Case No. 2:16-cv-00489-MMD-PAL Plaintiff, 10 v. 11 MICHAEL DOUGLAS, et al., ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE PEGGIE A. LEEN 12 Defendants. 13 14 Before the Court is the Report and Recommendation of United States Magistrate 15 Judge Peggie A. Leen (“R&R” or “Recommendation”), recommending dismissal of this 16 action with prejudice. (ECF No. 5.) Plaintiff had until March 17, 2017, to file an objection. 17 To date, no objection to the R&R has been filed. 18 This Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 20 timely objects to a magistrate judge’s report and recommendation, then the court is 21 required to “make a de novo determination of those portions of the [report and 22 recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails 23 to object, however, the court is not required to conduct “any review at all . . . of any issue 24 that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). 25 Indeed, the Ninth Circuit has recognized that a district court is not required to review a 26 magistrate judge’s report and recommendation where no objections have been filed. See 27 United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard 28 of review employed by the district court when reviewing a report and recommendation to 1 which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 2 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the 3 view that district courts are not required to review “any issue that is not the subject of an 4 objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then 5 the court may accept the recommendation without review. See, e.g., Johnstone, 263 F. 6 Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to 7 which no objection was filed). 8 Nevertheless, this Court finds it appropriate to engage in a de novo review to 9 determine whether to adopt Magistrate Judge Leen’s R&R. Upon reviewing the R&R and 10 the proposed complaint, this Court finds good cause to accept and adopt the Magistrate 11 Judge’s R&R in full. 12 It is therefore ordered, adjudged and decreed that the Report and 13 Recommendation of Magistrate Judge Peggie A. Leen (ECF No. 5) is accepted and 14 adopted in its entirety. 15 It is ordered that the Complaint (ECF No. 1) is denied with prejudice. 16 The Clerk is directed to close this case and entered judgment accordingly. 17 18 DATED THIS 3rd day of April 2017. 19 20 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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