Ingram v. Bindrup

Filing 7

ORDER adopting 6 Report and Recommendations. IT IS FURTHER ORDERED that Plaintiff's 1 -1 Complaint, is dismissed without prejudice. Signed by Judge Gloria M. Navarro on 1/19/2023. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:21-cv-01911-GMN-NJK Document 7 Filed 01/19/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AARON QUINCY INGRAM,
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Plaintiff,
vs.
SCOTT L. BINDRUP,

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Defendant.

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Case No.: 2:21-cv-01911-GMN-NJK
ORDER

Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 6), of

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United States Magistrate Judge Nancy J. Koppe, which recommends dismissing Plaintiff Aaron

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Quincy Ingram’s (“Plaintiff’s”) Complaint, (ECF No. 1-1), for failure to either pay the filing

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fee or file an application to proceed in forma pauperis.

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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. R. IB 3-2(b). Where a party fails to object, however, the Court

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is 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) (citing 28 U.S.C. § 636(b)(1)). 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 R&R where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328

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F.3d 1114, 1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed. (See Min. Order,

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Case 2:21-cv-01911-GMN-NJK Document 7 Filed 01/19/23 Page 2 of 2

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ECF No. 6) (setting an August 15, 2022, deadline for objections).

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 6), is

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ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff’s Complaint, (ECF No. 1-1), is dismissed
without prejudice.

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IT IS FURTHER ORDERED that the Clerk is instructed to close the case.

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19 day of January, 2023.
Dated this ____

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

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