Duerson v. Sunrise Children's Foundation

Filing 6

ORDER REGARDING REPORT AND RECOMMENDATIONS Adopting 5 Report and Recommendation. FURTHER ORDERED that the instant case be, and the same hereby is, DISMISSED. Signed by Judge James C. Mahan on 10/23/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 ADRIAN DUERSON, 8 9 10 Case No. 2:17-CV-1792 JCM (PAL) Plaintiff(s), ORDER v. SUNRISE CHILDREN’S FOUNDATION, 11 Defendant(s). 12 13 14 Presently before the court is Magistrate Judge Leen’s report and recommendation. (ECF No. 5). No objections have been filed, and the deadline for filing objections has since passed. 15 This court “may accept, reject, or modify, in whole or in part, the findings or 16 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects 17 to a magistrate judge’s report and recommendation, then the court is required to “make a de novo 18 determination of those portions of the [report and recommendation] to which objection is made.” 19 28 U.S.C. § 636(b)(1). 20 Where a party fails to object, however, the court is not required to conduct “any review at 21 all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 22 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a 23 magistrate judge’s report and recommendation where no objections have been filed. See United 24 States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review 25 employed by the district court when reviewing a report and recommendation to which no 26 objections were made). 27 Plaintiff has not objected to the report and recommendation. Nevertheless, this court finds 28 it appropriate to engage in a de novo review to determine whether to adopt the recommendation of James C. Mahan U.S. District Judge 1 the magistrate judge. Upon reviewing the recommendation and underlying briefs, the court finds 2 that good cause appears to adopt the magistrate judge’s findings. 3 Accordingly, 4 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Magistrate Judge Leen’s 5 report and recommendation (ECF No. 5) be, and the same hereby is, ADOPTED in its entirety. 6 IT IS FURTHER ORDERED that the instant case be, and the same hereby is, DISMISSED. 7 The clerk shall enter judgment accordingly and close the case. 8 DATED October 23, 2017. 9 10 __________________________________________ UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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