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)

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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-

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