Hurt v. Trump Jr

Filing 7

ORDER that the Report and Recommendation of Magistrate Judge George Foley, Jr. ECF No. 5 is accepted and adopted in its entirety; plaintiff's complaint is dismissed with prejudice; Clerk directed to close this case and enter judgment. Signed by Judge Miranda M. Du on 1/8/2018. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 TYRONE HURT, Case No. 2:17-cv-00314-MMD-GWF Plaintiff, 10 v. 11 DONALD TRUMP, JR., ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE GEORGE FOLEY, JR. Defendant. 12 13 14 Before the Court is the Report and Recommendation of United States Magistrate 15 Judge George Foley, Jr. (ECF No. 5) (“R&R”) relating to Plaintiff’s complaint (ECF No. 1- 16 1). Plaintiff was allowed until November 13, 2017, to file an objection. No objection to the 17 R&R has been filed.1 18 This Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 20 timely objects to a magistrate judge’s report and recommendation, then the court is 21 required to “make a de novo determination of those portions of the [report and 22 recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails 23 to object, however, the court is not required to conduct “any review at all . . . of any issue 24 that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). 25 Indeed, the Ninth Circuit has recognized that a district court is not required to review a 26 magistrate judge’s report and recommendation where no objections have been filed. See 27 28 1The R&R (ECF No. 5) and the last order entered by the Court (ECF No. 3) that were mailed to Plaintiff were returned as undeliverable. (ECF Nos. 4, 6.) 1 United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard 2 of review employed by the district court when reviewing a report and recommendation to 3 which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 4 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the 5 view that district courts are not required to review “any issue that is not the subject of an 6 objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then 7 the court may accept the recommendation without review. See, e.g., Johnstone, 263 F. 8 Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to 9 which no objection was filed). 10 Nevertheless, this Court finds it appropriate to engage in a de novo review to 11 determine whether to adopt Magistrate Judge Foley’s R&R. The Magistrate Judge 12 recommends dismissing this case with prejudice for Plaintiff’s failure to file an amended 13 complaint. Plaintiff has also failed to file a notice of change of address with the Court. 14 Upon reviewing the R&R and the filings in this case, this Court finds good cause to adopt 15 the Magistrate Judge’s R&R in full. 16 It is therefore ordered, adjudged and decreed that the Report and 17 Recommendation of Magistrate Judge George Foley, Jr. (ECF No. 5) is accepted and 18 adopted in its entirety. 19 It is ordered that Plaintiff’s complaint is dismissed with prejudice. 20 It is further ordered that the Clerk of Court is instructed to close this case and 21 22 enter judgment accordingly. DATED THIS 8th day of January 2018. 23 24 25 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 26 27 28 2

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