Thielwisemiller v. Eder et al

Filing 34

ORDER adopting and accepting in part 31 Report and Recommendation; dismissing case without prejudice. The Clerk is directed to close this case. Signed by Judge Miranda M. Du on 10/30/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SARA THIELWISEMILLER,

Case No. 3:14-cv-00064-MMD-VPC
Plaintiff,

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v.

ORDER ACCEPTING AND ADOPTING IN
PART REPORT AND
RECOMMENDATION OF MAGISTRATE
JUDGE WILLIAM G. COBB

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FREDDIE EDER, et al.,
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Defendants.
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Before this Court is the Report and Recommendation of United States Magistrate

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Judge William G. Cobb (“R&R”) entered on June 23, 2104. (Dkt. no. 31.) Plaintiff had

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until July 10, 2014, to object to the R&R. No objection was filed.

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This Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). 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).

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Indeed, the Ninth Circuit has recognized that a district court is not required to review a

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magistrate judge’s report and recommendation where no objections have been filed. See

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United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard

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of review employed by the district court when reviewing a report and recommendation to

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which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the

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view that district courts are not required to review “any issue that is not the subject of an

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objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then

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the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.

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Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to

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which no objection was filed).

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Nevertheless, this Court has conducted a de novo review of the record in this

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case and determines that the R&R of the Magistrate Judge should be accepted and

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adopted in part. The Court accepts and adopts the R&R regarding dismissal of this case

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but determines it should be dismissed without prejudice.

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It is therefore ordered that this case is dismissed without prejudice. The Clerk is
directed to close this case.
DATED THIS 30th day of October 2014.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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