Bradshaw v. Miller

Filing 7

ORDER that the R&R (ECF No. 6 ) is accepted and adopted in its entirety; ECF No. 1 Plaintiff's IFP Application is denied; ECF Nos. 4 and 5 Plaintiff's Motions to Withdraw Motion for Order of Protection are denied as moot; this action is dismissed with prejudice; Clerk directed to enter judgment and close this case. Signed by Judge Miranda M. Du on 3/12/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 COLLEEN A. BRADSHAW, 10 11 12 13 Case No. 3:16-cv-00544-MMD-VPC Plaintiff, v. GRANT D. MILLER, ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE VALERIE P. COOKE Defendant. 14 15 Before the Court is the Report and Recommendation of United States Magistrate 16 Judge Valerie P. Cooke (ECF No. 6) (“R&R”), recommending dismissal due to Plaintiff’s 17 failure to file a complaint. Plaintiff had until January 30, 2018 to object. (Id.) To date, no 18 objection to the R&R 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). Indeed, 26 the Ninth Circuit has recognized that a district court is not required to review a magistrate 27 judge’s report and recommendation where no objections have been filed. See United 28 States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review 1 employed by the district court when reviewing a report and recommendation to which no 2 objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. 3 Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the view that 4 district courts are not required to review “any issue that is not the subject of an objection.”). 5 Thus, if there is no objection to a magistrate judge’s recommendation, then the court may 6 accept the recommendation without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226 7 (accepting, without review, a magistrate judge’s recommendation to which no objection 8 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 recommends dismissing this action with prejudice based on Plaintiff’s failure to file an 12 amended complaint within the time period permitted by the Court. Upon reviewing the 13 R&R and the filings in this case, this Court finds good cause to accept and adopt the 14 Magistrate Judge’s R&R in full. 15 It is therefore ordered, adjudged and decreed that the Report and Recommendation 16 of Magistrate Judge Valerie P. Cooke (ECF No. 6) is accepted and adopted in its entirety. 17 It is further ordered that plaintiff’s application to proceed in forma pauperis (ECF 18 No. 1) is denied. It is further ordered that plaintiff’s motions to withdraw motion for order of protection 19 20 (ECF Nos. 4, 5) are denied as moot. 21 It is further ordered that this action is dismissed with prejudice. 22 The Clerk is directed to enter judgment in accordance with this Order and close this 23 24 case. DATED THIS 12th day of March 2018. 25 26 27 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 28 2

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