Friedman v. Baca et al

Filing 218

ORDER accepting and adopting in full ECF No. 213 / 214 Report and Recommendation; denying Plaintiff's ECF No. 171 Motion for Partial Summary Judgment. Signed by Chief Judge Miranda M. Du on 1/7/2020. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KENNETH FRIEDMAN,

Case No. 3:17-cv-00433-MMD-WGC
Plaintiff,

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ORDER

v.
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ROMEO ARANAS, et al.,
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Defendants.
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Before the Court is the Report and Recommendation (“R&R”) of United States

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Magistrate Judge William G. Cobb (ECF No. 213, superseded by ECF No. 214

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(Amended R&R)), recommending that the Court deny Plaintiff’s Motion for Partial

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Summary Judgment on Involuntary Transfer (“Motion”) (ECF No. 171). Plaintiff had until

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January 2, 2020 to file an objection. To date, no objection has been filed. For that

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reason, and because the Court agrees with Judge Cobb, the Court will adopt the R&R.

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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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fails to object, however, the Court is not required to conduct “any review at all . . . of any

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issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985);

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see also United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the

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standard of review employed by the district court when reviewing a report and

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recommendation to which no objections were made); Fed. R. Civ. P. 72, Advisory

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Committee Notes (1983) (providing that the court “need only satisfy itself that there is no

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clear error on the face of the record in order to accept the recommendation”).

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While Plaintiff has failed to timely object to Judge Cobb’s recommendation to

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deny his Motion, the Court has nevertheless conducted a de novo review to determine

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whether to adopt the Amended R&R. After reviewing the Amended R&R (ECF No. 214)

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and briefs relating to Plaintiff’s Motion (ECF Nos. 171, 189, 195), the Court agrees with

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Judge Cobb’s finding that genuine issues of material facts preclude summary judgment

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on Plaintiff’s retaliation claims.

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It is therefore ordered, adjudged, and decreed that the Report and

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Recommendation of Magistrate Judge William G. Cobb (ECF No. 213, superseded by

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ECF No. 214) is accepted and adopted in full.

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It is further ordered that Plaintiff’s Motion for Partial Summary Judgment on
Involuntary Transfer (ECF No. 171) is denied.

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DATED THIS 7th day of January 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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