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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MICHAEL L. HOLT,

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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.

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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. 8) (“R&R”) relating to plaintiff’s second amended

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complaint (ECF No. 7.) Plaintiff had until August 8, 2017, to file an objection to the R&R.

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To date, no 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. Upon reviewing the R&R and

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the records in this case, this Court finds good cause to accept and adopt the Magistrate

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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. 8) is accepted and adopted in its entirety.

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It is further ordered that plaintiff’s second amended complaint is dismissed with

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prejudice, without leave to amend.
The Clerk is directed to enter judgment and close this case.
DATED THIS 23rd day of October 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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