Webb v. St. Marys Nurses & Doctors et al
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (ECF No. 5 ) in its entirety : Plaintiff's IFP Application (ECF No. 1 ) is denied. This action is dismissed without prejudice. Clerk shall enter judgment and close this case. Signed by Judge Miranda M. Du on 10/10/2017. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:17-cv-00286-MMD-VPC
ST. MARY’S NURSES & DOCTORS, et
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION OF
VALERIE P. COOKE
Before the Court is the Report and Recommendation of United States Magistrate
Judge Valerie P. Cooke (ECF No. 5) (“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
September 11, 2017, to file an objection. (ECF No. 5) To date, no objection has been
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).
R&R (ECF No. 5) and the last order entered by the Court (ECF No. 3) that
were mailed to Plaintiff were returned as undeliverable. (ECF Nos. 4, 6.)
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 Cooke’s R&R. The R&R recommends that
this action be dismissed without prejudice. The Court agrees with the Magistrate Judge’s
Recommendation of Magistrate Judge Valerie P. Cooke (ECF No. 5) is accepted and
adopted in its entirety.
It is further ordered that Plaintiff’s Application to Proceed in District Court Without
Prepaying Fees or Costs (ECF No. 1) is denied for the reasons outlined in the R&R
(ECF No. 5).
It is further ordered that this action is dismissed without prejudice.
It is further ordered that the Clerk enter judgment and close this case.
DATED THIS 10th day of October 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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