Novoa v. Baca et al

Filing 37

ORDER accepting and adopting in its entirety ECF No. 36 Report and Recommendation, granting Defendants' ECF No. 18 Motion to Enforce Settlement; directing the parties within 10 days to submit stipulation and order dismissing case with prejudice. Signed by Judge Miranda M. Du on 6/5/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 GUILLERMO RENTERIA NOVOA, Plaintiff, 10 v. 11 ISIDRO BACA, et al., Case No. 3:15-cv-00537-MMD-VPC ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE VALERIE P. COOKE 12 Defendant. 13 14 Before the Court is the Report and Recommendation of United States Magistrate 15 Judge Valerie P. Cooke (ECF No. 36) (“R&R” or “Recommendation”) relating to 16 Defendants’ motion to enforce settlement (ECF No. 18), which Plaintiff opposed (ECF 17 Nos. 27, 29). The parties had until May 29, 2017, to object to the R&R. To date, no 18 objection has been filed. 19 This Court “may accept, reject, or modify, in whole or in part, the findings or 20 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party 21 timely objects to a magistrate judge’s report and recommendation, then the court is 22 required to “make a de novo determination of those portions of the [report and 23 recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails 24 to object, however, the court is not required to conduct “any review at all . . . of any issue 25 that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). 26 Indeed, the Ninth Circuit has recognized that a district court is not required to review a 27 magistrate judge’s report and recommendation where no objections have been filed. See 28 United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard 1 of review employed by the district court when reviewing a report and recommendation to 2 which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 3 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the 4 view that district courts are not required to review “any issue that is not the subject of an 5 objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then 6 the court may accept the recommendation without review. See, e.g., Johnstone, 263 F. 7 Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to 8 which no objection was filed). 9 Nevertheless, this Court finds it appropriate to engage in a de novo review to 10 determine whether to adopt Magistrate Judge Cooke’s R&R. The Magistrate Judge 11 recommended granting Defendants’ motion to enforce settlement. Upon reviewing the 12 R&R and underlying briefs, this Court finds good cause to adopt the Magistrate Judge’s 13 Recommendation in full. 14 It is therefore ordered, adjudged and decreed that the Report and 15 Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 36) is accepted and 16 adopted in its entirety. The Court grants Defendants’ motion to enforce settlement (ECF 17 No. 18). 18 19 20 It is ordered that the parties submit the stipulation and order dismissing this case with prejudice within ten (10) days from the date of this order. DATED THIS 5th day of June 2017. 21 22 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2

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