Bristol v. Hughes et al
Filing
39
ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 34 Magistrate Judge Hoffman's report and recommendation be, and the same hereby is, ADOPTED in its entirety. IT IS FURTHER ORDERED that plaintiff's claims against defendant be, and the same hereby are, DISMISSED WITH PREJUDICE. Signed by Judge James C. Mahan on 1/17/2018. (Copies have been distributed pursuant to the NEF - MR)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
***
7
GABRIEL M. BRISTOL,
8
Plaintiff(s),
9
10
Case No. 2:16-CV-705 JCM (CWH)
ORDER
v.
ELIZABETH JOAN HUGHES,
11
Defendant(s).
12
13
Presently before the court is Magistrate Judge Hoffman’s report and recommendation.
14
(ECF No. 34). No objections have been filed, and the deadline for filing objections has since
15
passed.
16
This court “may accept, reject, or modify, in whole or in part, the findings or
17
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects
18
to a magistrate judge’s report and recommendation, then the court is required to “make a de novo
19
determination of those portions of the [report and recommendation] to which objection is made.”
20
28 U.S.C. § 636(b)(1).
21
Where a party fails to object, however, the court is not required to conduct “any review at
22
all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149
23
(1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a
24
magistrate judge’s report and recommendation where no objections have been filed. See United
25
States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review
26
employed by the district court when reviewing a report and recommendation to which no
27
objections were made).
28
James C. Mahan
U.S. District Judge
1
Plaintiff has not objected to the report and recommendation. Nevertheless, this court finds
2
it appropriate to engage in a de novo review to determine whether to adopt the recommendation of
3
the magistrate judge. Upon reviewing the recommendation and underlying briefs, the court finds
4
that good cause appears to adopt the magistrate judge’s findings.
5
As the report and recommendation notes, the current scheduling order remains in effect as
6
to defendant’s counterclaims.
7
Accordingly,
8
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Magistrate Judge
9
Hoffman’s report and recommendation (ECF No. 34) be, and the same hereby is, ADOPTED in
10
11
12
13
14
15
its entirety.
IT IS FURTHER ORDERED that plaintiff’s claims against defendant be, and the same
hereby are, DISMISSED WITH PREJUDICE.
DATED January 17, 2018.
__________________________________________
UNITED STATES DISTRICT JUDGE
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?