Horvath v. Williams et al

Filing 59

ORDER that the Report and Recommendation of Magistrate Judge William G. Cobb ECF No. 58 is accepted and adopted; Defendant's motion for summary judgment ECF No. 30 is denied; Plaintiff's motion for default judgment ECF No. 53 is denied without prejudice. Signed by Judge Miranda M. Du on 12/14/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TAMAS HORVATH,

Case No. 3:16-cv-00553-MMD-WGC
Plaintiff,

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v.
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BRIAN WILLIAMS, SR., et al.,

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE WILLIAM G. COBB

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Defendants.
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Before the Court is the Report and Recommendation of United States Magistrate

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Judge William G. Cobb (ECF No. 58) (“R&R”) relating to Defendant Steve Prentice’s

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motion for summary judgment (ECF No. 30) and Plaintiff Tamas Horvath’s motion for

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default judgment as to Defendant George McMurry (ECF No. 53). The parties had until

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December 10, 2018, to object to the R&R. No objections to the R&R have 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.” Id. Where a party fails to object, however,

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the court is not required to conduct “any review at all . . . of any issue that is not the

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subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth

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Circuit has recognized that a district court is not required to review a magistrate judge’s

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report and recommendation where no objections have been filed. See United States v.

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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

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objection”). Thus, if there is no objection to a magistrate judge’s recommendation, then

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the court may accept the recommendation without review. See, e.g., id. 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, the Court finds it appropriate to engage in a de novo review to

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determine whether to adopt Magistrate Judge Cobb’s Recommendation. The Magistrate

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Judge recommended denying Defendant’s motion for summary judgment (ECF No. 30)

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and denying without prejudice Plaintiff’s motion for default judgment as to Defendant

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George McMurry (ECF No. 53). Upon reviewing the Recommendation and underlying

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briefs, this Court finds good cause to adopt the Magistrate Judge’s R&R in full.

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It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

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Recommendation of Magistrate Judge William G. Cobb (ECF No. 58) is accepted and

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adopted in its entirety.

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It is further ordered that Defendant’s motion for summary judgment (ECF No. 30)
is denied.
It is further ordered that Plaintiff’s motion for default judgment (ECF No. 53) is
denied without prejudice.
DATED THIS 14th day of December 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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