Belssner v. One Nevada Credit Union

Filing 7

ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that 4 Magistrate Judge Hoffman's report and recommendation be, and the same hereby is, ADOPTED in its entirety. IT IS FURTHER ORDERED that the complaint, (see ECF Nos. 1 -1, 5 ), is DISMISSED with prejudice. The clerk is instructed to close the case. Signed by Judge James C. Mahan on 9/6/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CHARLES N. BELSSNER,

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Plaintiff(s),

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Case No. 2:17-CV-1648 JCM (VCF)
ORDER

v.
ONE NEVADA CREDIT UNION,

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Defendant(s).

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

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(R&R), recommending that pro se plaintiff Charles Belssner’s complaint (ECF Nos. 1-1 and 5)1

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be dismissed with prejudice. (ECF No. 4). No objections have been filed, and the deadline for

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filing objections has 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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James C. Mahan
U.S. District Judge

Plaintiff first attached the complaint to the motion to proceed in forma pauperis (ECF
No. 1-1). After the entry of the R&R, the clerk filed the complaint separately. (ECF No. 5). This
order refers to both as “the complaint.”

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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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The deadline to object was August 17, 2017, and the plaintiff has still not done do so.

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Nevertheless, this court has reviewed the recommendation and underlying motion and finds that

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good cause appears to adopt the magistrate judge’s findings and rulings. Therefore, this court

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adopts the R&R in its entirety.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Magistrate Judge

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Hoffman’s report and recommendation (ECF No. 4) be, and the same hereby is, ADOPTED in its

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entirety.

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IT IS FURTHER ORDERED that the complaint, (see ECF Nos. 1-1, 5), is DISMISSED
with prejudice.

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The clerk is instructed to close the case.

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DATED September 6, 2017.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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