Young v. State of Nevada
Filing
5
ORDER Adopting 4 Report and Recommendation. Case terminated. Signed by Judge James C. Mahan on 8/1/17. (Copies have been distributed pursuant to the NEF - MMM)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
***
7
MICHAEL YOUNG,
8
9
10
Case No. 2:16-CV621 JCM (PAL)
Plaintiff(s),
ORDER
v.
STATE OF NEVADA,
11
Defendant(s).
12
13
Presently before the court is Magistrate Judge Leen’s report and recommendation that pro
14
se plaintiff Michael Young’s complaint be dismissed for failure to file a timely amended complaint
15
by April 17, 2017, as indicated in the screening order. (ECF No. 4); see also (ECF No. 2). No
16
timely objections have been filed to the report and recommendation.
17
This court “may accept, reject, or modify, in whole or in part, the findings or
18
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). If a party fails to object to a
19
magistrate judge’s report and recommendation, however, the court is not required to conduct “any
20
review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140,
21
149 (1985).
22
Indeed, the Ninth Circuit has recognized that a district court is not required to review a
23
magistrate judge’s report and recommendation where no objections have been filed. See United
24
States v. Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review
25
employed by the district court when reviewing a report and recommendation to which no
26
objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003)
27
(reading the Ninth Circuit’s decision in Reyna–Tapia as adopting the view that district courts are
28
not required to review “any issue that is not the subject of an objection.”).
James C. Mahan
U.S. District Judge
1
2
This court agrees that plaintiff has failed to submit a timely amended complaint and will
adopt the report and recommendation in full.
3
Accordingly,
4
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the report and
5
recommendation of Magistrate Judge Leen (ECF No. 4) be, and the same hereby are, ADOPTED
6
in their entirety.
7
8
9
DATED August 1, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?