Hughes v. Goedert et al
Filing
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ORDER that the Report and Recommendation of Magistrate Judge Valerie P. Cooke ECF No. 8 is accepted and adopted in its entirety; Plaintiff's amended omplaint ECF No. 7 is dismissed without prejudice, without leave to amend; Clerk to enter judgment and close this case. Signed by Judge Miranda M. Du on 08/31/2017. (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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DANNY L. HUGHES,
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Case No. 3:17-cv-00174-MMD-VPC
Plaintiff,
v.
WARREN G. GOEDERT, 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. 29) (“R&R”) relating to defendant’s second amended
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complaint (ECF No. 7). The Court allowed plaintiff until August 7, 2017, to file an objection.
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(See ECF No. 8.) 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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filings in this case, this Court finds good cause to accept and adopt the Magistrate Judge’s
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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 amended complaint (ECF No. 7) is dismissed
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without prejudice, without leave to amend.
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It is further ordered that the Clerk enter judgment and close this case.
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DATED THIS 31st day of August 2017.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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