Nichols et al v. City of Henderson et al

Filing 9

ORDER that 4 Report and Recommendation is ACCEPTED and ADOPTED in full. FURTHER ORDERED that Plaintiff Joshua I. Nichols' claims brought on behalf of his wife, Nadine Nichols, be DISMISSED with prejudice for lack of standing. FURTHER ORDERED that the Clerk's Office shall terminate Plaintiff Nadine Nichols from this case. Signed by Chief Judge Gloria M. Navarro on 4/2/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 JOSHUA I. NICHOLS, Plaintiff, 5 6 7 vs. CITY OF HENDERSON, et al., Defendants. 8 9 ) ) ) ) ) ) ) ) Case No.: 2:16-cv-01611-GMN-GWF ORDER Pending before the Court is the Report and Recommendation of United States 10 Magistrate Judge George W. Foley, Jr., (ECF No. 4), which recommends that Plaintiff Joshua I. 11 Nichols’ claims brought on behalf of his wife, Nadine Nichols, be dismissed with prejudice for 12 lack of standing. 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made. Id. The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 19 not required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 21 that a district court is not required to review a magistrate judge’s report and recommendation 22 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 23 1122 (9th Cir. 2003). 24 25 Here, no objections were filed, and the deadline to do so has passed. /// Page 1 of 2 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 4), is 3 4 5 6 7 ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff Joshua I. Nichols’ claims brought on behalf of his wife, Nadine Nichols, be DISMISSED with prejudice for lack of standing. IT IS FURTHER ORDERED that the Clerk’s Office shall terminate Plaintiff Nadine Nichols from this case. 8 9 2 DATED this ________ day of April, 2018. 10 11 12 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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