Dennis v. MCO

Filing 14

ORDER that 13 Report and Recommendation is ACCEPTED and ADOPTED IN FULL. FURTHER ORDERED that 11 Plaintiff's Motion for Default Judgment is GRANTED. FURTHER ORDERED that Plaintiff is hereby awarded $1,000 in statutory damages, $ ;2,940 in attorneys fees and $525 in costs for a total award of $4,465. The Clerk of Court is instructed to enter judgment accordingly and close the case. Signed by Chief Judge Gloria M. Navarro on 3/31/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEPHEN DENNIS,
Plaintiff,

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vs.
MCO,
Defendant.

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Case No.: 2:16-cv-951-GMN-GWF
ORDER

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Pending before the Court is the Report and Recommendation (“R&R”) of United States

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Magistrate Judge George Foley, Jr. (ECF No. 13), which states that Plaintiff Stephen Dennis’s

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(“Plaintiff’s”) Motion for Default Judgment (ECF No. 11) should be granted. The R&R further

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recommends that Plaintiff be awarded $1,000 in statutory damages, $2,940 in attorney’s fees

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and $525 in costs for a total award of $4,465. Lastly, the R&R recommends that judgment be

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entered against Defendant.

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A party may file specific written objections to the findings and recommendations of a

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United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

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D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

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determination of those portions to which objections are made. Id. The Court may accept, reject,

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or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

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28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

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that a district court is not required to review a magistrate judge’s report and recommendation

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where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

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1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed.

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 13) is

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ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment (ECF
No. 11) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is hereby awarded $1,000 in statutory
damages, $2,940 in attorney’s fees and $525 in costs for a total award of $4,465.
The Clerk of Court is instructed to enter judgment accordingly and close the case.

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DATED this ___ day of March, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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