Boykins v. Alred et al
Filing
144
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
1
2
3
UNITED STATES DISTRICT COURT
4
DISTRICT OF NEVADA
5
***
6
ANTHONY R. BOYKINS,
7
8
9
10
Case No. 3:19-cv-00485-MMD-WGC
Plaintiff,
ORDER
v.
AMANDA ALRED, et al.,
Defendants.
11
Pro se Plaintiff Anthony R. Boykins brings this action under 42 U.S.C. § 1983.
12
Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of
13
United States Magistrate Judge William G. Cobb (ECF No. 143), recommending the
14
action be dismissed with prejudice. Plaintiff had until January 1, 2021 to file an objection.
15
To date, no objection to the R&R has been filed. For this reason, and as explained below,
16
the Court adopts the R&R, and will dismiss this action with prejudice.
17
The Court “may accept, reject, or modify, in whole or in part, the findings or
18
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party
19
fails to object to a magistrate judge’s recommendation, the Court is not required to
20
conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas
21
v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,
22
1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and
23
recommendations is required if, but only if, one or both parties file objections to the
24
findings and recommendations.”) (emphasis in original); Fed. R. Civ. P. 72, Advisory
25
Committee Notes (1983) (providing that the Court “need only satisfy itself that there is no
26
clear error on the face of the record in order to accept the recommendation.”).
27
Because there is no objection, the Court need not conduct de novo review, and is
28
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
1
dismissed with prejudice as a result of Plaintiff’s failure to prosecute. (ECF No. 143 at 3.)
2
More specifically, Plaintiff has failed to file any other documents indicating an intent to
3
continue to prosecute this action and failed to keep the court apprised of his current
4
address. (Id.) The Court agrees with Judge Cobb. Having reviewed the R&R and the
5
record in this case, the Court will adopt the R&R in full.
6
7
It is therefore ordered that Judge Cobb’s Report and Recommendation (ECF No.
143) is accepted and adopted in full.
8
It is further ordered that this action be dismissed with prejudice.
9
The Clerk of Court is directed to enter judgment accordingly and close this case.
10
DATED THIS 6th Day of January 2021.
11
12
13
14
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?