Boykins v. Alred et al
ORDER - Judge Cobb's Report and Recommendation (ECF No. 143 ) is accepted and adopted in full. This action is dismissed with prejudice. Clerk is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 1/6/2021. (Copies have been distributed pursuant to the NEF - AB)
Case 3:19-cv-00485-MMD-WGC Document 144 Filed 01/06/21 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ANTHONY R. BOYKINS,
Case No. 3:19-cv-00485-MMD-WGC
AMANDA ALRED, et al.,
Pro se Plaintiff Anthony R. Boykins brings this action under 42 U.S.C. § 1983.
Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of
United States Magistrate Judge William G. Cobb (ECF No. 143), recommending the
action be dismissed with prejudice. Plaintiff had until January 1, 2021 to file an objection.
To date, no objection to the R&R has been filed. For this reason, and as explained below,
the Court adopts the R&R, and will dismiss this action with prejudice.
The 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
fails to object to a magistrate judge’s recommendation, 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); see also United States v. Reyna-Tapia, 328 F.3d 1114,
1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and
recommendations is required if, but only if, one or both parties file objections to the
findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory
Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no
clear error on the face of the record in order to accept the recommendation.”).
Because there is no objection, the Court need not conduct de novo review, and is
satisfied Judge Cobb did not clearly err. Here, Judge Cobb recommends the action be
Case 3:19-cv-00485-MMD-WGC Document 144 Filed 01/06/21 Page 2 of 2
dismissed with prejudice as a result of Plaintiff’s failure to prosecute. (ECF No. 143 at 3.)
More specifically, Plaintiff has failed to file any other documents indicating an intent to
continue to prosecute this action and failed to keep the court apprised of his current
address. (Id.) The Court agrees with Judge Cobb. Having reviewed the R&R and the
record in this case, the Court will adopt the R&R in full.
It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No.
143) is accepted and adopted in full.
It is further ordered that this action be dismissed with prejudice.
The Clerk of Court is directed to enter judgment accordingly and close this case.
DATED THIS 6th Day of January 2021.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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