Albanese v. Las Vegas Metropolitan Police Department

Filing 71

ORDER adopting 43 Report and Recommendation; Plaintiff's 1 Complaint is Dismissed. Signed by Chief Judge Gloria M. Navarro on 3/6/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GRACE ALBANESE,
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Plaintiff,
vs.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT,

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Defendant.

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Case No.: 2:17-cv-01087-GMN-GWF
ORDER

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

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Magistrate Judge George W. Foley, (ECF No. 43), which recommends that this case should be

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

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(“R.&R.”) 7:18–21).

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

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

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

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

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

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

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

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

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Here, the Report and Recommendation was entered on January 17, 2018, and the
objection deadline was January 31, 2018. (ECF No. 43). Although Plaintiff Grace Albanese
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(“Plaintiff”) filed a multitude of letters to the Court before the deadline, the letters do not

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address the Report and Recommendation, and Plaintiff has failed to file any objection. See L.R.

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IB 3-2.

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 43), is

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ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 1-1), is
DISMISSED.
The Clerk of Court is instructed to enter judgment accordingly and close the case.

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DATED this ___ day of March, 2018.

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

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