Carmen v. Allen

Filing 6

ORDER accepting and adopting 5 Report and Recommendation; ORDER denying as moot 1 Motion/Application for Leave to Proceed in forma pauperis; case is DISMISSED without prejudice. Signed by Chief Judge Gloria M. Navarro on 6/14/2018. (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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MARY DEL CARMEN,
Plaintiff,

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vs.
RYAN ALLEN,
Defendant.

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Case No.: 2:18-cv-00727-GMN-NJK
ORDER

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Pending before the Court is the Report and Recommendation of United States

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Magistrate Judge Nancy J. Koppe, (ECF No. 5), which recommends that Plaintiff Mary Del

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Carmen’s case be DISMISSED without prejudice as to Plaintiff’s ability to seek relief in state

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court and that her application to proceed in forma pauperis, (ECF N. 1) be DENIED as moot.

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A party may file specific written objections to the findings and recommendations of a

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United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

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D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

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determination of those portions to which objections are made. Id. The Court may accept, reject,

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or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

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28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

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that a district court is not required to review a magistrate judge’s report and recommendation

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where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

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1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed.
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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 5), is

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ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff Mary Del Carmen’s case is DISMISSED
without prejudice as to Plaintiff’s ability to seek relief in state court.
IT IS FURTHER ORDERED that Plaintiff Mary Del Carmen’s application to proceed
in forma pauperis, (ECF No. 1), is DENIED AS MOOT.

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The Clerk of Court shall close this case and enter judgment accordingly.

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June
DATED this ________ day of May, 2018.

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June

___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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