Hill v. Koehn et al

Filing 39

ORDER adopting in full ECF No. 37 Report and Recommendation; dismissing with prejudice this case; directing Clerk to enter judgment accordingly and close case. Signed by Chief Judge Miranda M. Du on 12/3/2019. (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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PERRY T. HILL,

Case No. 3:17-cv-00501-MMD-WGC

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Plaintiff,

ORDER

v.
DR. MICHAEL KOEHN, et al.,
Defendants.

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Pro se Plaintiff Perry T. Hill, who was formerly in the custody of the Nevada

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Department of Corrections (“NDOC”), brings this action under 42 U.S.C. § 1983. Before

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the Court is the Report and Recommendation (“R&R” or “Recommendation”) of United

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States Magistrate Judge William G. Cobb, recommending that the Court dismiss this case

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for failure to prosecute under Federal Rule of Civil Procedure 41(b). (ECF No. 37.) Plaintiff

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had until November 26, 2019 to file an objection. To date, no objection to the R&R has

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been filed. For this reason, and as explained below, the Court adopts the R&R and will

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dismiss this case with prejudice.

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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.” Id. Where a party fails to object, however,

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the court is not required to conduct “any review at all . . . of any issue that is not the

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subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth

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Circuit has recognized that a district court is not required to review a magistrate judge’s

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report and recommendation where no objections have been filed. See United States v.

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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

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1226 (accepting, without review, a magistrate judge’s recommendation to which no

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objection was filed).

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While Plaintiff has failed to object to Judge Cobb’s recommendation to dismiss this

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case with prejudice, the Court will conduct a de novo review to determine whether to

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adopt the R&R. Judge Cobb considered the factors governing dismissal under Fed. R.

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Civ. P. 41(b), and determined they weighed in favor of dismissing this case with prejudice.

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(ECF No. 37.) Having reviewed the R&R and the docket, the Court agrees with Judge

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Cobb.

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It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No.
37) is adopted in full.

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It is further ordered that this case is dismissed with prejudice.

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The Clerk of Court is directed to enter judgment accordingly and close this case.

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DATED THIS 3rd day of December 2019.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE