Smith v. Craig ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 LATONIA SMITH, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-00824-GMN-EJY 5 vs. ) 6 ) ORDER FENNEMORE CRAIG, ) 7 ) Defendant. ) 8 9 Pending before the Court is the Report and Recommendation, (ECF No. 94), of United 10 States Magistrate Judge Elayna J. Youchah, which states that Plaintiff Latonia Smith’s 11 (“Plaintiff’s”) Motion for Leave to File Amended Complaint, (ECF No. 91), should be denied 12 and that the case should be dismissed with prejudice. 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made. Id. The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to object, however, the Court 19 is not required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 21 that a district court is not required to review a magistrate judge’s report and recommendation 22 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 23 1122 (9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 25 ECF No. 94) (setting a June 8, 2021, deadline for objections). 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 94), is 3 ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to File Amended 5 Complaint, (ECF No. 91), is DENIED. 6 IT IS FURTHER ORDERED that this case is DISMISSED with prejudice. 7 The Clerk is instructed to close the case. 8 Dated this _1_1__ day of June, 2021. 9 10 ___________________________________ Gloria M. Navarro, District Judge 11 United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25