Smith-Lovejoy v. State of Nevada
ORDER the Report and Recommendation of Magistrate Judge Valerie P. Cooke ECF No. 4 is accepted and adopted in its entirety; plaintiff's application to proceed in forma pauperis is granted; Clerk directed to detach and file the complaint ECF No. 1 -1; complaint is dismissed with prejudice; Clerk directed to close this case. Signed by Judge Miranda M. Du on 08/15/2017. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:17-cv-00272-MMD-VPC
STATE OF NEVADA,
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. 4) (“R&R”) relating to plaintiff’s application to proceed
in forma pauperis (ECF No. 1) and pro se complaint (ECF No. 1-1). Plaintiff had until
August 7, 2017, to file and objection. (ECF No. 4.) To date, no objection to the R&R has
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 was filed).
Nevertheless, this Court finds it appropriate to engage in a de novo review to
determine whether to adopt Magistrate Judge Cook’s R&R. Upon reviewing the R&R and
proposed complaint, this Court finds good cause to accept and adopt the Magistrate
Judge’s R&R in full.
Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 4) is accepted and
adopted in its entirety.
It is ordered that plaintiff’s application to proceed in form pauperis (ECF No. 1) is
It is further ordered that the Clerk detach and file the complaint (ECF No. 1-1).
It is further ordered that the complaint is dismissed with prejudice.
The Clerk is directed to close this case.
DATED THIS 15th day of August 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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