THOMPSON v. MV Transportation Inc

Filing 6

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE PEGGY A. LEEN : The Report and Recommendation of Magistrate Judge Peggy A. Leen (ECF No. 5 ) is accepted and adopted in its entirety. This action is dismissed without prejudice. The Clerk is directed to close this case and enter judgment accordingly. Signed by Judge Miranda M. Du on 10/23/2017. (Copies have been distributed pursuant to the NEF - DRM) Modified on 10/23/2017 to correct spelling of name (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEVEN THOMPSON,

Case No. 2:16-cv-01726-MMD-PAL
Plaintiff,

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v.
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MV TRANSPORTATION

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
PEGGIE A. LEEN

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Defendant.
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Before the Court is the Report and Recommendation of United States Magistrate

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Judge Peggie A. Leen (ECF No. 5) (“R&R” or “Recommendation”) relating to Plaintiff’s

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pro se complaint (ECF No. 1-1). Magistrate Judge Leen recommends that this action be

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dismissed without prejudice. (See ECF No. 5.) Plaintiff had until August 23, 2017, to file

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an objection. To date, no objection to the R&R has been filed.

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

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timely objects to a magistrate judge’s report and recommendation, then the court is

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required to “make a de novo determination of those portions of the [report and

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recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails

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to object, however, the court is not required to conduct “any review at all . . . of any issue

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that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).

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Indeed, the Ninth Circuit has recognized that a district court is not required to review a

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magistrate judge’s report and recommendation where no objections have been filed. See

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United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard

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of review employed by the district court when reviewing a report and recommendation to

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which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the

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view that district courts are not required to review “any issue that is not the subject of an

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objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then

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the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.

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Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to

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which no objection was filed).

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Nevertheless, this Court finds it appropriate to engage in a de novo review to

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determine whether to adopt Magistrate Judge Leen’s R&R. The Magistrate Judge

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recommends dismissing this action without prejudice based upon Plaintiff’s failure to

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timely file an amended complaint. (ECF No. 5.) The Court agrees and therefore and

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adopts the Magistrate Judge’s R&R in full.

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It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

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Recommendation of Magistrate Judge Peggie A. Leen (ECF No. 5) is accepted and

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adopted in its entirety.

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It is ordered that this action is dismissed without prejudice.

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It is further ordered that the Clerk is directed to close this case and enter

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judgment accordingly.

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DATED THIS 23rd day of October 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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