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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?