Stark v. State of Nevada et al

Filing 10

ORDER. IT IS HEREBY ORDERED that 8 the Report and Recommendation is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff's case is DISMISSED without prejudice. The Clerk of Court shall close this case and enter judgment accordingly. Signed by Judge Gloria M. Navarro on 6/7/2021. (Copies have been distributed pursuant to the NEF - MR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7
8

CHAD RYAN STARK,
Plaintiff,
vs.
STATE OF NEVADA, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No.: 2:21-cv-00220-GMN-BNW
ORDER

9
10

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

11

Magistrate Judge Brenda Weksler, (ECF No. 8), which recommends that Plaintiff’s case be

12

dismissed without prejudice.

13

Plaintiff has failed to update his address with the Court pursuant to Local Rule IA 3-1,

14

which provides that failure to comply may result in “the dismissal of the action, entry of default

15

judgment, or other sanctions as deemed appropriate by the court.” D. Nev. Local R. IA 3-1,

16

(See Mail Return, ECF No. 9).

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

Page 1 of 2

1

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

2

1122 (9th Cir. 2003).

3
4

Here, no objections were filed, and the deadline to do so has passed (See Report and
Recommendation, ECF No. 8).

5

Accordingly,

6

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

7

ACCEPTED and ADOPTED in full.

8

IT IS FURTHER ORDERED that Plaintiff’s case is DISMISSED without prejudice.

9

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

10

7
DATED this ________ day of June, 2020.

11
12
13
14

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

15
16
17
18
19
20
21
22
23
24
25

Page 2 of 2