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