Navas v. Polaha et al
Filing
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The Report and Recommendation (ECF No. 8 ) is accepted and adopted in its entirety. IFP Application (ECF Nos. 5 , 7 ) is granted. However NDOC shall pay clerk from inmate account until full $350 filing fee is paid. Clerk shall send this Order to NDOC Inmate Services. (Mailed to NDOC 7/17/2018. Email (NEF) to Finance.) Clerk shall file the complaint (ECF No. 1 -1). Plaintiff's claims are dismissed with prejudice. Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 7/17/2018. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JULIO CESAR NAVAS,
Case No. 3:18-cv-00019-MMD-WGC
Plaintiff,
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v.
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POLAHA, et al.,
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
WILLIAM G. COBB
Defendants.
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Before the Court is the Report and Recommendation of United States Magistrate
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Judge William G. Cobb (ECF No. 8) (“R&R”) relating to Plaintiff’s application to proceed
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in forma pauperis (“IFP”) (ECF Nos. 5, 7) and pro se complaint (ECF No. 1-1). Plaintiff
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had until June 19, 2018 to file an objection. (ECF No. 5.) To date, no objection to the
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R&R has been filed.
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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.” 28 U.S.C. § 636(b)(1). Where a party fails
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to object, however, the court is not required to conduct “any review at all . . . of any issue
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that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).
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Indeed, the Ninth Circuit has recognized that a district court is not required to review a
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magistrate judge’s report and recommendation where no objections have been filed. See
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United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard
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of review employed by the district court when reviewing a report and recommendation to
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which no objections were made); see also Schmidt v. Johnstone, 263 F. Supp. 2d 1219,
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1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in Reyna-Tapia as adopting the
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view that district courts are not required to review “any issue that is not the subject of an
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objection.”). Thus, if there is no objection to a magistrate judge’s recommendation, then
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the court may accept the recommendation without review. See, e.g., Johnstone, 263 F.
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Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation to
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which no objection was filed).
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Although Plaintiff has not objected to the R&R, the Court will conduct a de novo
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review to determine whether to adopt the R&R. Judge Cobb recommends granting
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Plaintiff’s IFP application. (ECF No. 8 at 2.) Judge Cobb further recommends dismissing
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Plaintiff’s claims with prejudice. (Id. at 4.) Having reviewed the R&R and the proposed
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complaint, the Court agrees and will adopt the R&R.
It
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is
therefore
ordered,
adjudged
and
decreed
that
the
Report
and
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Recommendation of Magistrate Judge William G. Cobb (ECF No. 8) is accepted and
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adopted in its entirety.
It is further ordered that Plaintiff’s application to proceed in forma pauperis (ECF
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Nos. 5, 7) is granted. However, Plaintiff will be required, to pay, through NDOC, an initial
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partial filing fee in the amount of $13.84, within thirty days of the entry of this Order.
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Thereafter, whenever his prison account exceeds $10, Plaintiff will be required to make
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monthly payments in the amount of twenty percent of the preceding month’s income
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credited to his account until the full $350 filing fee is paid. The Clerk is directed to send a
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copy of any this Order to the attention of Chief of Inmate Services for the Nevada
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Department of Prisons, P.O. Box 7011, Carson City, NV 89702.
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It is further ordered that the Clerk detach and file the complaint (ECF No. 1-1).
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It is further ordered Plaintiff’s claims are dismissed with prejudice.
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The Clerk is directed to enter judgment in accordance with this Order and close
this case.
DATED THIS 17th day of July 2018.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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