EMRIT v. SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RONALD SATISH EMRIT,
Case No. 2:16-cv-02701-MMD-VCF
Plaintiff,
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v.
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SOUTHERN NEVADA REGIONAL
HOUSING AUTHORITY, et al.,
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
CAM FERENBACH
Defendants.
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Before the Court is the Report and Recommendation of United States Magistrate
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Judge Cam Ferenbach (“R&R”) that Plaintiff’s pro se complaint be dismissed with leave
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to amend. (ECF No. 7.) Plaintiff had until December 22, 2016 to file an objection. (Id.)
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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 Ferenbach’s R&R. Upon reviewing the
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R&R and the Complaint, this Court finds good cause to accept and adopt the Magistrate
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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 Cam Ferenbach (ECF No. 7) is accepted and
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adopted in its entirety. Plaintiff’s Complaint (ECF No. 8) is dismissed with leave to
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amend.
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If Plaintiff chooses to file an amended complaint he is advised that an amended
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complaint supersedes the original complaint and, thus, the amended complaint must be
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complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d
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1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was named in the original
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complaint is irrelevant; an amended pleading supersedes the original”); see also Lacey
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v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that for claims dismissed
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with prejudice, a plaintiff is not required to reallege such claims in a subsequent
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amended complaint to preserve them for appeal). Plaintiff’s amended complaint must
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contain all claims, defendants, and factual allegations that Plaintiff wishes to pursue in
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this lawsuit.
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If Plaintiff wishes to file an amended complaint, Plaintiff must do so by Feburary
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13, 2017. Plaintiff’s failure to timely file an amended complaint may result in dismissal of
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this action with prejudice.
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DATED THIS 12th day of January 2017.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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