Hughes v. Goedert et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DANNY L. HUGHES,
Case No. 3:17-cv-00174-MMD-VPC
WARREN G. GOEDERT, et al.,
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
VALERIE P. COOKE
Before the Court is the Report and Recommendation of United States Magistrate
Judge Valerie P. Cooke (ECF No. 29) (“R&R”) relating to defendant’s second amended
complaint (ECF No. 7). The Court allowed plaintiff until August 7, 2017, to file an objection.
(See ECF No. 8.) To date, no objection to the R&R has been filed.
This Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party
timely objects to a magistrate judge’s report and recommendation, then the court is
required to “make a de novo determination of those portions of the [report and
recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails
to object, however, the court is not required to conduct “any review at all . . . of any issue
that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed,
the Ninth Circuit has recognized that a district court is not required to review a magistrate
judge’s report and recommendation where no objections have been filed. See United
States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review
employed by the district court when reviewing a report and recommendation to which no
objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D.
Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the view that
district courts are not required to review “any issue that is not the subject of an objection.”).
Thus, if there is no objection to a magistrate judge’s recommendation, then the court may
accept the recommendation without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226
(accepting, without review, a magistrate judge’s recommendation to which no objection
Nevertheless, this Court finds it appropriate to engage in a de novo review to
determine whether to adopt Magistrate Judge Cooke’s R&R. Upon reviewing the R&R and
filings in this case, this Court finds good cause to accept and adopt the Magistrate Judge’s
R&R in full.
It is therefore ordered, adjudged and decreed that the Report and Recommendation
of Magistrate Judge Valerie P. Cooke (ECF No. 8) is accepted and adopted in its entirety.
It is further ordered that Plaintiff’s amended complaint (ECF No. 7) is dismissed
without prejudice, without leave to amend.
It is further ordered that the Clerk enter judgment and close this case.
DATED THIS 31st day of August 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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