Shelton v. State of Nevada et al

Filing 20

ORDER that the 15 Report and Recommendation is ACCEPTEDand ADOPTED in full. Plaintiff's 11 Amended Complaint is DISMISSED with prejudice. The Clerk of Court is instructed to close this case and enter judgment accordingly. Signed by Judge Gloria M. Navarro on 10/23/2019. (Copies have been distributed pursuant to the NEF - SLD)

UNITED STATES DISTRICT COURT

1

DISTRICT OF NEVADA

2
3

BRUCE SHELTON,

4
5

Plaintiff,
vs.

6
7

STATE OF NEVADA, et al.,
Defendants.

8

)
)
)
)
)
)
)
)
)
)

Case No.: 2:16-cv-01056-GMN-EJY
ORDER

9
10

Pending before the Court is now-retired United States Magistrate Judge George W. Foley,

11

Jr.’s Report and Recommendation, (ECF No. 15), which recommends that Plaintiff’s Amended

12

Complaint, (ECF No. 11), be dismissed with prejudice for failure to state a claim upon which

13

relief can be granted.

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized that a district

22

court is not required to review a magistrate judge’s report and recommendation where no

23

objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th

24

Cir. 2003).

25

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

1

Accordingly,

2

IT IS ORDERED that the Report and Recommendation, (ECF No. 15), is ACCEPTED

3
4
5

and ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff Bruce Shelton’s Amended Complaint, (ECF
No. 11), is DISMISSED with prejudice.

6

The Clerk of Court is instructed to close this case and enter judgment accordingly.

7

23
DATED this _____ day of October, 2019.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

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