Augborne v. Supreme Court of Nevada

Filing 13

ORDER. IT IS HEREBY ORDERED that 12 the Report and Recommendation is ADOPTED in full. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. The Clerk is instructed to close the case. Signed by Judge Gloria M. Navarro on 3/31/2021. (Copies have been distributed pursuant to the NEF - MR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Brit F. Augborne, III, 4 5 6 Plaintiff, vs. Supreme Court of Nevada, 7 Defendant. 8 9 ) ) ) ) ) ) ) ) Case No.: 2:19-cv-01195-GMN-BNW ORDER Pending before the Court is the Report and Recommendation, (ECF No. 12), of United 10 States Magistrate Judge Brenda Weksler, which states that this case should be dismissed 11 without prejudice. 12 A party may file specific written objections to the findings and recommendations of a 13 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 14 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 15 determination of those portions to which objections are made. Id. The Court may accept, reject, 16 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 17 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 18 is not required to conduct “any review at all . . . of any issue that is not the subject of an 19 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 20 that a district court is not required to review a magistrate judge’s report and recommendation 21 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 22 1122 (9th Cir. 2003). 23 24 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, ECF No. 12) (setting a March 29, 2021, deadline for objections). 25 Page 1 of 2 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 12), is 3 ADOPTED in full. 4 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. 5 The Clerk is instructed to close the case. 6 31 Dated this ____ day of March, 2021. 7 8 9 ___________________________________ Gloria M. Navarro, District Judge United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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