Albanese v. Las Vegas Metropolitan Police Department

Filing 4

ORDER that Magistrate Judge Leen's 3 Report and Recommendation is ADOPTED in its entirety. The instant case is DISMISSED WITH PREJUDICE. The clerk shall enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 4/11/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 GRACE ALBANESE, 8 9 10 11 Case No. 2:17-CV-1904 JCM (PAL) Plaintiff(s), ORDER v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, Defendant(s). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge Presently before the court is Magistrate Judge Leen’s report and recommendation. (ECF No. 3). No objections have been filed, and the deadline for filing objections has since passed. This court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects to a magistrate judge’s report and recommendation, then the court is required to “make a de novo determination of those portions of the [report and recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails to object, however, the court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge’s report and recommendation where no objections have been filed. See United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review employed by the district court when reviewing a report and recommendation to which no objections were made). 1 Plaintiff has not objected to the report and recommendation. Nevertheless, this court finds 2 it appropriate to engage in a de novo review to determine whether to adopt the recommendation of 3 the magistrate judge. Upon reviewing the recommendation and underlying briefs, the court finds 4 that good cause appears to adopt the magistrate judge’s findings. 5 Accordingly, 6 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Magistrate Judge Leen’s 7 8 9 report and recommendation (ECF No. 3) be, and the same hereby is, ADOPTED in its entirety. IT IS FURTHER ORDERED that the instant case be, and the same hereby is, DISMISSED WITH PREJUDICE. 10 The clerk shall enter judgment accordingly and close the case. 11 DATED April 11, 2018. 12 13 __________________________________________ UNITED STATES DISTRICT JUDGE 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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