Valentine v. State of Nevada

Filing 18

ORDER. IT IS HEREBY ORDERED that the 17 Report and Recommendation is ADOPTED in full. IT IS FURTHER ORDERED that the 14 Application to Proceed in forma pauperis is DENIED as moot. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. The Clerk of Court shall close the case. This case is now closed. Signed by Judge Gloria M. Navarro on 11/13/2023. (Copies have been distributed pursuant to the NEF - AMMi)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DERRICK VALENTINE,

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Plaintiff

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Case No. 2:23-cv-00273-GMN-BNW
ORDER

v.
STATE OF NEVADA,

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Defendant

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Pending before the Court is the Report and Recommendation (ECF No. 17) of

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United States Magistrate Judge Brenda Weksler, which states that this matter should be

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dismissed without prejudice.

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

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a United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. §

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636(b)(1)(B); D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make

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a de novo determination of those portions to which objections are made. Id. The Court

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may accept, reject, or modify, in whole or in part, the findings or recommendations made

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by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails

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to object, however, the Court is not required to conduct “any review at all . . . of any issue

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that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). 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 report and recommendation where no objections have been filed. See, e.g.,

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United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).
Here, no objections were filed, and the deadline to do so has passed. (See ECF

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No. 17) (setting a November 7, 2023, deadline for objections).

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 17) is

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ADOPTED in full.
IT IS FURTHER ORDERED that the application to proceed in forma pauperis (ECF
No. 14) is denied as moot.

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IT IS FURTHER ORDERED that this case is DISMISSED without prejudice.

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The Clerk of Court shall close the case.

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13 day of November 2023.
DATED THIS _____

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Gloria M. Navarro, Judge
United States District Court

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