Reeves v. Watts et al

Filing 34

ORDER - the Report and Recommendation (ECF No. 33 ) is accepted and adopted in its entirety. Defendants' motion to dismiss (ECF No. 29) is granted. This case is dismissed with prejudice. Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 4/30/2019. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

***

6

RICHARD WESTLEY REEVES,
Plaintiff,

7
v.
8
DAN WATTS, et al.,

Case No. 3:17-cv-00562-MMD-CBC
ORDER ADOPTING AND ACCEPTING
REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE
CARLA BALDWIN CARRY

9
Defendant.
10
11

Before the Court is the Report and Recommendation of United States Magistrate

12

Judge Carla Baldwin Carry (ECF No. 33) (“R&R”), recommending granting Defendants’

13

motion to dismiss (ECF No. 29). No objection to the R&R has been filed, and the time for

14

doing so has expired.

15

This Court “may accept, reject, or modify, in whole or in part, the findings or

16

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

17

timely objects to a magistrate judge’s report and recommendation, then the court is

18

required to “make a de novo determination of those portions of the [report and

19

recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails

20

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

21

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

22

Indeed, the Ninth Circuit has recognized that a district court is not required to review a

23

magistrate judge’s report and recommendation where no objections have been filed. See

24

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

25

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

26

which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

27

1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the

28

view that district courts are not required to review “any issue that is not the subject of an

1

objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then

2

the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.

3

Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to

4

which no objection was filed).

5

Nevertheless, this Court finds it appropriate to engage in a de novo review to

6

determine whether to adopt Magistrate Judge Carry’s R&R. Judge Carry recommends

7

granting Defendants’ motion to dismiss this case in its entirety because Plaintiff failed to

8

appear at his own deposition, respond to properly served discovery requests, file a

9

response to Defendants’ motion to dismiss, or respond to two of the Court’s orders (ECF

10

Nos. 30, 32). (ECF No. 33.) Upon reviewing the R&R and records in this case, this Court

11

finds good cause to adopt the Magistrate Judge’s R&R in full.

12

It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

13

Recommendation of Magistrate Judge Carla Baldwin Carry (ECF No. 33) is accepted

14

and adopted in its entirety.

15

It is further ordered that Defendants’ motion to dismiss (ECF No. 29) is granted.

16

It is further ordered this case is dismissed with prejudice.

17

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

18

DATED THIS 30th day of April 2019.

19
20
21

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

22
23
24
25
26
27
28
2