Holt v. 99 Cent Store of Reno, NV et al

Filing 9

ORDER accepting and adopting Report and Recommendations of Magistrate Judge Valerie P. Cooked ECF No. 8 ; plaintiff's second amended complaint is dismissed with prejudice, without leave to amend; Clerk directed to enter judgment and close this case. Signed by Judge Miranda M. Du on 10/23/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 MICHAEL L. HOLT, 10 11 12 13 Case No. 3:17-cv-00051-MMD-VPC Plaintiff, v. 99 CENT STORE OF RENO, NV, et al., ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE VALERIE P. COOKE Defendants. 14 15 Before the Court is the Report and Recommendation of United States Magistrate 16 Judge Valerie P. Cooke (ECF No. 8) (“R&R”) relating to plaintiff’s second amended 17 complaint (ECF No. 7.) Plaintiff had until August 8, 2017, to file an objection to the R&R. 18 To date, no 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. Upon reviewing the R&R and 11 the records in this case, this Court finds good cause to accept and adopt the Magistrate 12 Judge’s R&R in full. 13 It is therefore ordered, adjudged and decreed that the Report and Recommendation 14 of Magistrate Judge Valerie P. Cooke (ECF No. 8) is accepted and adopted in its entirety. 15 It is further ordered that plaintiff’s second amended complaint is dismissed with 16 17 18 prejudice, without leave to amend. The Clerk is directed to enter judgment and close this case. DATED THIS 23rd day of October 2017. 19 20 21 22 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2

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