Olausen v. Yup
ORDER that the Report and Recommendation of Magistrate Judge William G. Cobb ECF No. 58 is accepted and adopted; granting ECF No. 44 Motion for Summary Judgment; Clerk directed to enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 10/23/2017. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JOHN STEVEN OLAUSEN,
Case No. 3:15-cv-00539-MMD-WGC
GENE YUP, et al.,
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
WILLIAM G. COBB
Before the Court is the Report and Recommendation of United States Magistrate
Judge William G. Cobb (ECF No. 58) (“R&R” or “Recommendation”) relating to
Defendant Gene Yup’s Motion for Summary Judgment (“Motion”) (ECF No. 44). Plaintiff
had until September 27, 2017, to object to the R&R. To date, no objection to the R&R
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 Cobb’s Recommendation. The Magistrate
Judge found that Plaintiff has failed to exhaust his administrative remedies on his single
Eighth Amendment claim of deliberate indifference to a medical need (ECF No. 58). For
this reason, the Magistrate Judge recommends granting summary judgment in favor of
Defendant Dr. Yup. Upon reviewing the Recommendation and the briefs relating to
Defendant’s Motion, the Court agrees with the Magistrate Judge and therefore adopts
the R&R in full.
Recommendation of Magistrate Judge William G. Cobb (ECF No. 58) is accepted and
adopted in its entirety.
It is ordered that Defendant Gene Yup’s Motion for Summary Judgment (ECF No.
44) is granted.
It is further order that the Clerk of Court enter judgment accordingly and close this
DATED THIS 23rd day of October 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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