Koh v. Meridian Financial Services Inc

Filing 7

ORDER adopting 6 Report and Recommendation; Signed by Judge James C. Mahan on 6/15/2018.; Case dismissed without prejudice. (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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***

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MAH H. KOH,

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Case No. 2:17-CV-1282 JCM (PAL)
Plaintiff(s),

ORDER

v.
MERIDIAN FINANCIAL SERVICES, INC.,

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Defendant(s).

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Presently before the court is Magistrate Judge Leen’s report and recommendation

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(“R&R”). (ECF No. 6). No objections have been filed, and the deadline for filing objections has

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since passed.

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This court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects

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to a magistrate judge’s report and recommendation, then the court is required to “make a de novo

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determination of those portions of the [report and recommendation] to which objection is made.”

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28 U.S.C. § 636(b)(1).

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Where a party fails to object, however, the court is not required to conduct “any review at

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all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149

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(1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a

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magistrate judge’s report and recommendation where no objections have been filed. See United

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States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review

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employed by the district court when reviewing a report and recommendation to which no

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objections were made).

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James C. Mahan
U.S. District Judge

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Magistrate Judge Leen recommends that plaintiffs’ complaint be dismissed without
prejudice for failure to comply with a court order.1 (ECF No. 6).

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Plaintiffs have not objected to the report and recommendation. Nevertheless, this court

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finds it appropriate to engage in a de novo review to determine whether to adopt the

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recommendation of the magistrate judge. Upon reviewing the recommendation and underlying

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briefs, the court finds that good cause appears to adopt the magistrate judge’s findings.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Magistrate Judge Leen’s

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report and recommendation (ECF No. 6) be, and the same hereby is, ADOPTED in its entirety.
IT IS FURTHER ORDERED that plaintiff’s complaint be, and the same hereby is,
DISMISSED without prejudice.

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The clerk shall enter judgment accordingly and close the case.

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DATED June 15, 2018.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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On March 30, 2018, Judge Leen issued a screening order which held that plaintiff’s
complaint failed to state a claim upon which relief can be granted. (ECF No. 4). Judge Leen
ordered plaintiff to file an amended complaint by April 30, 2018, if plaintiff wished to pursue this
action. Id. As the R&R notes, plaintiff has not filed an amended complaint or sought an extension
of time. (ECF No. 6).
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James C. Mahan
U.S. District Judge

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