Pattison v. The State of Nevada, Ex Rel, Nevada Department of Corrections et al
ORDER accepting and adopting 138 Report and Recommendation and denying 89 Motion for Injunction. Signed by Judge Miranda M. Du on 7/28/15. (Copies have been distributed pursuant to the NEF - JC)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:14-cv-00020-MMD-VPC
STATE OF NEVADA, et al.,
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
VALERIE P. COOKE
Before the Court is the Report and Recommendation of United States Magistrate
Judge Valerie P. Cooke (dkt. no. 138) (“R&R”) relating to plaintiff’s motion for preliminary
injunction (dkt. no. 89). Plaintiff had until July 19, 2015, to object to the R&R. No
objection has been filed.
This Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party
timely objects to a magistrate judge’s report and recommendation, then the court is
required to “make a de novo determination of those portions of the [report and
recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails
to object, however, the court is not required to conduct “any review at all . . . of any issue
that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).
Indeed, the Ninth Circuit has recognized that a district court is not required to review a
magistrate judge’s report and recommendation where no objections have been filed. See
United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard
of review employed by the district court when reviewing a report and recommendation to
which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,
1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the
view that district courts are not required to review “any issue that is not the subject of an
objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then
the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.
Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to
which no objection was filed).
Nevertheless, this Court finds it appropriate to engage in a de novo review to
determine whether to adopt Magistrate Judge Cooke’s R&R. The Magistrate Judge
recommended that plaintiff’s motion for preliminary injunction (dkt. no. 89) be denied.
Upon reviewing the R&R and underlying briefs, this Court finds good cause to adopt the
Magistrate Judge’s R&R in full.
Recommendation of Magistrate Judge Valerie P. Cooke (dkt. no. 138) is accepted and
adopted in its entirety.
It is ordered Plaintiff’s motion for injunction (dkt. no. 89) is denied.
DATED THIS 28th day of July 2015.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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