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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 STEVEN THOMPSON, Case No. 2:16-cv-01726-MMD-PAL Plaintiff, 10 v. 11 MV TRANSPORTATION ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE PEGGIE A. LEEN 12 Defendant. 13 14 Before the Court is the Report and Recommendation of United States Magistrate 15 Judge Peggie A. Leen (ECF No. 5) (“R&R” or “Recommendation”) relating to Plaintiff’s 16 pro se complaint (ECF No. 1-1). Magistrate Judge Leen recommends that this action be 17 dismissed without prejudice. (See ECF No. 5.) Plaintiff had until August 23, 2017, to file 18 an objection. To date, no objection to the R&R has been filed. 19 This Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 21 timely objects to a magistrate judge’s report and recommendation, then the court is 22 required to “make a de novo determination of those portions of the [report and 23 recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails 24 to object, however, the court is not required to conduct “any review at all . . . of any issue 25 that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). 26 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 28 United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard 1 of review employed by the district court when reviewing a report and recommendation to 2 which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 3 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the 4 view that district courts are not required to review “any issue that is not the subject of an 5 objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then 6 the court may accept the recommendation without review. See, e.g., Johnstone, 263 F. 7 Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to 8 which no objection was filed). 9 Nevertheless, this Court finds it appropriate to engage in a de novo review to 10 determine whether to adopt Magistrate Judge Leen’s R&R. The Magistrate Judge 11 recommends dismissing this action without prejudice based upon Plaintiff’s failure to 12 timely file an amended complaint. (ECF No. 5.) The Court agrees and therefore and 13 adopts the Magistrate Judge’s R&R in full. 14 It is therefore ordered, adjudged and decreed that the Report and 15 Recommendation of Magistrate Judge Peggie A. Leen (ECF No. 5) is accepted and 16 adopted in its entirety. 17 It is ordered that this action is dismissed without prejudice. 18 It is further ordered that the Clerk is directed to close this case and enter 19 judgment accordingly. 20 21 DATED THIS 23rd day of October 2017. 22 23 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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