Banks v. Cessor et al

Filing 4

ORDER that Magistrate Judge Foley's 3 Report and Recommendation is Adopted in its entirety. This case is Dismissed with prejudice and the Clerk shall close the case. Signed by Judge James C. Mahan on 3/20/2017. (Copies have been distributed pursuant to the NEF - SLD)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 FREDERICK BANKS, 8 9 10 Case No. 2:16-CV-1149 JCM (GWF) Plaintiff(s), ORDER v. ROBERT CESSOR, et al., 11 Defendant(s). 12 13 Presently before the court is Magistrate Judge Foley’s report and recommendation 14 (“R&R”). (ECF No. 3). No objections have been filed, and the deadline for filing objections has 15 since passed. 16 The magistrate judge recommends plaintiff’s complaint be dismissed with prejudice based 17 on plaintiff’s failure to pay the complaint filing fee or file an application to proceed in forma 18 pauperis within the time allotted by the court. (ECF No. 3). 19 This court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects 21 to a magistrate judge’s report and recommendation, then the court is required to “make a de novo 22 determination of those portions of the [report and recommendation] to which objection is made.” 23 28 U.S.C. § 636(b)(1). 24 Where a party fails to object, however, the court is not required to conduct “any review at 25 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 26 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a 27 magistrate judge’s report and recommendation where no objections have been filed. See United 28 States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review James C. Mahan U.S. District Judge 1 employed by the district court when reviewing a report and recommendation to which no 2 objections were made). 3 Nevertheless, this court finds it appropriate to engage in a de novo review to determine 4 whether to adopt the recommendation of the magistrate judge. 5 recommendation and underlying briefs, the court finds that good cause appears to ADOPT the 6 magistrate judge’s findings. 7 Accordingly, 8 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Magistrate Judge 9 Foley’s report and recommendation (ECF No. 3) be, and the same hereby is, ADOPTED in its 10 11 12 Upon reviewing the entirety. IT IS FURTHER ORDERED that the instant case be, and the same hereby is, DISMISSED with prejudice. 13 The clerk shall close the case. 14 DATED March 20, 2017. 15 16 __________________________________________ UNITED STATES DISTRICT JUDGE 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?