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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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COREY J. STRZYZEWSKI,

Case No. 3:14-cv-00612-MMD-VPC
Plaintiff,

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v.

ORDER ADOPTING AND ACCEPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE
VALERIE P. COOKE

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DEWAYNE DEAL, et al.,
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Defendants.
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Before the Court is the Report and Recommendation of United States Magistrate

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Judge Valerie P. Cooke’s (“R&R”) (ECF No. 35), recommending that the Court grant

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Defendant’s motion for summary judgment (ECF No. 23). Plaintiff had until December 3,

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2016, to file an objection. (ECF No. 35.) To date, no objection to the R&R has been 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 judge.” 28 U.S.C. § 636(b)(1). Where a party

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timely objects to a magistrate judge’s report and recommendation, then the court is

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required to “make a de novo determination of those portions of the [report and

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recommendation] to which objection is made.” 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 R&R without review. See, e.g., Johnstone, 263 F. Supp. 2d at

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1226 (accepting, without review, a magistrate judge’s recommendation to which no

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objection was filed).

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Nevertheless, this Court finds it appropriate to engage in a de novo review to

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determine whether to adopt Magistrate Judge Cooke’s R&R. Upon reviewing the R&R

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and Defendant’s motion for summary judgment (ECF Nos. 35, 23), this Court finds good

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cause to adopt the Magistrate Judge’s R&R in full.

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It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

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Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 35) is accepted and

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adopted in its entirety. Defendant’s motion for summary judgment (ECF No. 23) is

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granted.

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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.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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