Strzyzewski v. Deal et al

Filing 36

ORDER REGARDING REPORT AND RECOMMENDATIONS accepted and adopted in its entirety ECF No. 35 Report and Recommendation. Defendant's Motion for Summary Judgment ECF No. 23 is granted. Clerk directed to enter judgment and close case. Signed by Judge Miranda M. Du on 12/22/2016. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 COREY J. STRZYZEWSKI, Case No. 3:14-cv-00612-MMD-VPC Plaintiff, 10 v. ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE VALERIE P. COOKE 11 DEWAYNE DEAL, et al., 12 Defendants. 13 14 Before the Court is the Report and Recommendation of United States Magistrate 15 Judge Valerie P. Cooke’s (“R&R”) (ECF No. 35), recommending that the Court grant 16 Defendant’s motion for summary judgment (ECF No. 23). Plaintiff had until December 3, 17 2016, to file an objection. (ECF No. 35.) To date, no objection to the R&R has been filed. 18 This Court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 20 timely objects to a magistrate judge’s report and recommendation, then the court is 21 required to “make a de novo determination of those portions of the [report and 22 recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails 23 to object, however, the court is not required to conduct “any review at all . . . of any issue 24 that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). 25 Indeed, the Ninth Circuit has recognized that a district court is not required to review a 26 magistrate judge’s report and recommendation where no objections have been filed. See 27 United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard 28 of review employed by the district court when reviewing a report and recommendation to 1 which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 2 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the 3 view that district courts are not required to review “any issue that is not the subject of an 4 objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then 5 the court may accept the R&R without review. See, e.g., Johnstone, 263 F. Supp. 2d at 6 1226 (accepting, without review, a magistrate judge’s recommendation to which no 7 objection was filed). 8 Nevertheless, this Court finds it appropriate to engage in a de novo review to 9 determine whether to adopt Magistrate Judge Cooke’s R&R. Upon reviewing the R&R 10 and Defendant’s motion for summary judgment (ECF Nos. 35, 23), this Court finds good 11 cause to adopt the Magistrate Judge’s R&R in full. 12 It is therefore ordered, adjudged and decreed that the Report and 13 Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 35) is accepted and 14 adopted in its entirety. Defendant’s motion for summary judgment (ECF No. 23) is 15 granted. 16 17 18 It is further ordered that the Clerk enter judgment in accordance with this Order and close this case. DATED THIS 22nd day of December 2016. 19 20 21 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2

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