Albanese v. Las Vegas Metro Police Dept

Filing 155

ORDER Adopting in full 68 Report and Recommendation and dismissing second Amended Complaint. Signed by Chief Judge Gloria M. Navarro on 11/13/2017. (Copies have been distributed pursuant to the NEF - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
GRACE ALBANESE,
4
5
6
7
8

)
)
Plaintiff,
)
vs.
)
)
LAS VEGAS POLICE DEPARTMENT, et al., )
)
Defendants.
)
)

Case No.: 2:17-cv-0577-GMN-PAL
ORDER

9
10

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

11

Magistrate Judge Peggy A. Leen, (ECF No. 68), which recommends that this case should be

12

dismissed and that the Clerk of Court should close the case. (Report and Recommendation

13

(“R.&R.”) 7:18–21).

14

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

15

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

16

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

17

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

18

whole or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. §

19

636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is not required

20

to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v.

21

Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized that a district court is

22

not required to review a magistrate judge’s report and recommendation where no objections

23

have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).

24

Here, the Report and Recommendation was entered on June 30, 2017, and the objection

25

deadline was July 14, 2017. (ECF No. 68). Although Plaintiff Grace Albanese (“Plaintiff”)

Page 1 of 2

1

filed a multitude of letters to the Court before the deadline, the letters do not address the Report

2

and Recommendation, and Plaintiff has failed to file any objection. See L.R. IB 3-2.

3

Accordingly,

4

IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 68), is

5
6
7
8

ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff’s Second Amended Complaint, (ECF No.
50), is DISMISSED.
The Clerk of Court is instructed to close the case and enter judgment accordingly.

9
10

13
DATED this ___ day of November, 2017.

11
12
13

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

14
15
16
17
18
19
20
21
22
23
24
25

Page 2 of 2