Iorio v. State of Nevada et al

Filing 7

Order Overruling Untimely Objections to the Report and Recommendation of the Magistrate Judge (ECF No. 6 ). Iorio's objections (ECF No. 6 ) are overruled. The court's order adopting Magistrate Judge Weksler's report and recommendation (ECF No. 4 ) stands. Plaintiff's complaint (ECF No. 1 -1) remains DISMISSED without leave to amend. Signed by Judge Cristina D. Silva on 11/13/2023. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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4 Bruce Anthony Iorio,
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Case No.: 2:23-cv-01157-CDS-BNW
Plaintiff

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7 State of Nevada, et al.,
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Defendants

Order Overruling Untimely Objections to
the Report and Recommendation of the
Magistrate Judge
[ECF No. 6]

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On November 7, 2023, I issued an order adopting the report and recommendation (R&R)

11 of Magistrate Judge Brenda Weksler in its entirety, thereby dismissing pro se plaintiff Bruce
12 Iorio’s complaint without leave to amend for failing to state a claim upon which relief could be
13 granted. Order, ECF No. 4. At the time I adopted the R&R, Iorio had not filed objections, which
14 were due on November 1, 2023. See ECF No. 3.
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On November 8, 2023, Iorio filed untimely objections to the R&R. Obj., ECF No. 6.

16 While I am under no obligation to consider untimely objections, 1 I nonetheless conducted a de
17 novo review of Iorio’s objections. 2 I find the objections are vague, conclusory, and generally non18 responsive to Judge Weksler’s R&R. See generally id. Moreover, Iorio did not cite legal authority
19 or make any argument demonstrating that the R&R was either clearly erroneous or contrary to
20 the law. Id.
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23 1 Under this district’s local rules, a party may object to a magistrate judge’s order within 14 days after
24 service of the order. LR IB 3-1. Objections made outside of this window are disregarded as untimely. See
Bacon v. Cox, 2020 U.S. Dist. LEXIS 27688, at *3 n.5 (D. Nev. Feb. 19, 2020).

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“[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”
Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150
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(1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
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Accordingly, Iorio’s objections [ECF No. 6] are overruled. The court’s order adopting

2 Magistrate Judge Weksler’s report and recommendation [ECF No. 4] stands. Plaintiff’s
3 complaint [ECF No. 1-1] remains DISMISSED without leave to amend.
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DATED: November 13, 2023

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________________________________
Cristina D. Silva
United States District Judge

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