Orr v. City of North Las Vegas et al
ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE VALERIE P. COOKE ECF No. 8 . This action is dismissed with prejudice due to plaintiff's failure to comply with ECF Nos. 3 / 7 Orders; Clerk directed to enter judgment and close case. Signed by Judge Miranda M. Du on 1/9/2018. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:16-cv-00282-MMD-VPC
CITY OF NORTH LAS VEGAS, et al.,
ORDER ADOPTING AND ACCEPTING
REPORT AND RECOMMENDATION OF
VALERIE P. COOKE
Before the Court is the Report and Recommendation of United States Magistrate
Judge Valerie P. Cooke (ECF No. 8) (“R&R”). Plaintiff had until November 8, 2017, to file
an objection. 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 Cooke’s R&R. The R&R recommends that
this action be dismissed with prejudice based upon Plaintiff’s failure to file an amended
complaint that remedies the defects identified in the Court’s order. After reviewing the
filings, including Plaintiff’s complaint, the Court agrees with the Magistrate Judge’s
Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 8) is accepted and
adopted in its entirety.
It is ordered that this action is dismissed with prejudice based on plaintiff’s failure
to file an amended complaint in compliance with the court’s orders (ECF Nos. 3, 7).
It is further ordered that the Clerk enter judgement accordingly and close this
DATED THIS 9th day of January 2018.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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