Hadden v. Berryhill

Filing 22

ORDER -The Report and Recommendation (ECF No. 20 ) is accepted and adopted in its entirety. This action is dismissed. Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 7/30/2019. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STACY HADDEN,

Case No. 2:17-cv-02817-MMD-GWF
Plaintiff,

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v.
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CORRECTIONS CORPORATION OF
AMERICA,

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ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
GEORGE FOLEY JR.

Defendant.

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Before the Court is the Report and Recommendation of United States Magistrate

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Judge George Foley, Jr. (ECF No. 20) (“R&R”) regarding Plaintiff Stacy Hadden’s second

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amended complaint (“SAC”). Plaintiff had until July 22, 2019, to file an objection. (Id.) To

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date, Plaintiff has not filed an objection to the R&R and it appears Plaintiff has relocated

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without providing the Court with an updated address (ECF Nos. 19, 21). The Court accepts

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and adopts the R&R in full.

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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 judge.” 28 U.S.C. § 636(b)(1). Where a party

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timely objects to a magistrate judge’s report and recommendation, then the court is

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required to “make a de novo determination of those portions of the [report and

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recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails

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to object, however, the court is not required to conduct “any review at all . . . of any issue

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that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed,

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the Ninth Circuit has recognized that a district court is not required to review a magistrate

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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); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D.

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Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the view that

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district courts are not required to review “any issue that is not the subject of an objection.”).

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Thus, if there is no objection to a magistrate judge’s recommendation, then the court may

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accept the recommendation without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226

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(accepting, without review, a magistrate judge’s recommendation to which no objection

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was filed).

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This Court finds it appropriate to engage in a de novo review to determine whether

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to adopt Judge Foley Jr.’s R&R. The Court finds good cause to accept and adopt the R&R

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in full.

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In the R&R, Judge Foley Jr. recommends that the Court dismiss Plaintiff’s SAC for

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failure to comply with the Court’s prior orders and failure to prosecute this case. (ECF No.

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20.) The R&R also explains that Plaintiff’s failure to immediately notify the Court of any

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change of address qualifies for dismissal under Local Rule IA 3-1. (Id. at 2.) Based on this

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record, the Court accepts and adopts Judge Foley Jr.’s recommendation that this action

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be dismissed. See, e.g., Thompson v. Hous. Auth. of City of L. A., 782 F.2d 829, 831 (9th

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Cir. 1986) (recognizing that district courts have the inherent power to control their dockets

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and “[i]n the exercise of that power, they may impose sanctions including, where

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appropriate . . . dismissal” of a case); Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th

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Cir. 1987) (dismissing case for failure to comply with court order); Link v. Wabash R. Co.,

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370 U.S. 633 (1962) (“[W]hen circumstances make such action appropriate, a

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District Court may dismiss a complaint for failure to prosecute even without affording

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notice of its intention to do so or providing an adversary hearing before acting.”).

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It is therefore ordered, adjudged and decreed that the Report and Recommendation

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of Magistrate Judge George Foley Jr. (ECF No. 20) is accepted and adopted in its entirety.
It is further ordered that this action is dismissed.

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The Clerk of Court is directed to enter judgment accordingly and close this case.

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DATED THIS 30th day of July 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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