Prado v. Mutual Liberty Insurance et al

Filing 11

ORDER. IT IS ORDERED that 8 the Report and Recommendation, is ADOPTED in full. IT IS FURTHER ORDERED that 1 -1, 9 Plaintiff's Complaint, is DISMISSED without prejudice. IT IS FURTHER ORDERED that Plaintiff shall have until 10/26/2019 to file an amended complaint. The Clerk of Court shall close the case. Signed by Judge Gloria M. Navarro on 9/26/2019. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FREDERIC CHARLES PRADO,
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Plaintiff,
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vs.
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MUTUAL LIBERTY LIFE INSURANCE, et )
al.,
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Defendants.
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Case No.: 2:18-cv-00831-GMN-BNW
ORDER

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Pending before the Court is the Order and Report and Recommendation (“Order and

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R&R”) of United States Magistrate Judge Brenda Weksler, (ECF No. 8), granting Plaintiff

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Frederic Charles Pardo’s (“Plaintiff”) Motion/Application for Leave to Proceed in forma

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pauperis, (ECF No. 1), and recommending the Court dismiss Plaintiff’s Complaint, (ECF Nos.

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1-1, 9), without prejudice and provide him a deadline to file an amended complaint. Judge

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Weksler issued her R&R on September 11, 2019, and Plaintiff had until September 25, 2019 to

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file an objection. (Order and R&R, ECF No. 8)

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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, September 25, 2019, has

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passed. (Order and R&R).

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 8), is

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ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF Nos. 1-1, 9), is
DISMISSED without prejudice.
IT IS FURTHER ORDERED that Plaintiff shall have until October 26, 2019 to file an
amended complaint.
The Clerk of Court shall close the case.

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DATED this _____ day of September, 2019.

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

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