EMRIT v. SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY et al

Filing 9

ORDER that the Report and Recommendations ECF No. 7 is accepted and adopted in its entirety. Plaintiff's Complaint ECF No. 8 is dismissed with leave to amend. Amended Complaint is due by 2/13/2017. Plaintiff's failure to timely file an amended complaint may result in dismissal of the case. Signed by Judge Miranda M. Du on 01/12/2017. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

***

11

RONALD SATISH EMRIT,

Case No. 2:16-cv-02701-MMD-VCF
Plaintiff,

12
v.
13
14
15

SOUTHERN NEVADA REGIONAL
HOUSING AUTHORITY, et al.,

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
CAM FERENBACH

Defendants.

16
17

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

18

Judge Cam Ferenbach (“R&R”) that Plaintiff’s pro se complaint be dismissed with leave

19

to amend. (ECF No. 7.) Plaintiff had until December 22, 2016 to file an objection. (Id.)

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

which no objection was filed).

11

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

12

determine whether to adopt Magistrate Judge Ferenbach’s R&R. Upon reviewing the

13

R&R and the Complaint, this Court finds good cause to accept and adopt the Magistrate

14

Judge’s R&R in full.

15

It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

16

Recommendation of Magistrate Judge Cam Ferenbach (ECF No. 7) is accepted and

17

adopted in its entirety. Plaintiff’s Complaint (ECF No. 8) is dismissed with leave to

18

amend.

19

If Plaintiff chooses to file an amended complaint he is advised that an amended

20

complaint supersedes the original complaint and, thus, the amended complaint must be

21

complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d

22

1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was named in the original

23

complaint is irrelevant; an amended pleading supersedes the original”); see also Lacey

24

v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that for claims dismissed

25

with prejudice, a plaintiff is not required to reallege such claims in a subsequent

26

amended complaint to preserve them for appeal). Plaintiff’s amended complaint must

27

contain all claims, defendants, and factual allegations that Plaintiff wishes to pursue in

28

this lawsuit.
2

1

If Plaintiff wishes to file an amended complaint, Plaintiff must do so by Feburary

2

13, 2017. Plaintiff’s failure to timely file an amended complaint may result in dismissal of

3

this action with prejudice.

4

DATED THIS 12th day of January 2017.

5
6

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3