Prather v. HCA Far West Division et al

Filing 6

ORDER. IT IS HEREBY ORDERED that 2 the Report and Recommendation is ADOPTED in full. IT IS FURTHER ORDERED that 4 Plaintiff's Complaint is DISMISSED with leave to amend. Signed by Chief Judge Gloria M. Navarro on 2/15/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MYESHA PRATHER,
Plaintiff,

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vs.
HCA FAR WEST DIVISION, et al.,
Defendants.

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Case No.: 2:17-cv-00183-GMN-VCF
ORDER

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Pending before the Court is the Report and Recommendation of United States

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Magistrate Judge Cam Ferenbach, (ECF No. 3), which recommends that the Plaintiff’s

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Complaint should be dismissed with leave to amend.

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A party may file specific written objections to the findings and recommendations of a

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United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

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D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

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determination of those portions to which objections are made. Id. The Court may accept, reject,

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or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

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28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

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that a district court is not required to review a magistrate judge’s report and recommendation

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where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

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1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed. Further, the

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Plaintiff has already complied with the Magistrate Judge’s Report and Recommendation by

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filing an Amended Complaint (ECF No. 5).

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 2), is

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ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff’s Complaint (ECF No. 4) is DISMISSED
with leave to amend.

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DATED this ________ day of February, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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