Love v. LVMPD ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * 9 WILSON EARL LOVE., Case No. 2:21-cv-01217-RFB-EJY 10 Plaintiff, ORDER 11 v. 12 THE LAS VEGAS METROPOLITAN POLICE DEPARTMENT 13 Defendant. 14 15 Before the Court for consideration is the Report and Recommendation [ECF No. 5] of the 16 Honorable Elayna J. Youchah, United States Magistrate Judge, entered July 30, 2021. 17 A district court “may accept, reject, or modify, in whole or in part, the findings or 18 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 19 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 20 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 21 required to “make a de novo determination of those portions of the report or specified proposed 22 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 23 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 24 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 25 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due 26 by January 25, 2017. No objections have been filed. The Court has reviewed the record in this 27 case and concurs with the Magistrate Judge’s recommendations. 28 . . . 1 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 5] 1s 2 | ACCEPTED and ADOPTED in part. 3 IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. The Clerk of the Court is instructed to close this case. 5 IT IS FURTHER ORDERED that the Plaintiff may move to reopen this case and vacate 6 | the judgment by filing a motion for reconsideration of this order. In this motion, the Plaintiff is 7 | required to explain what circumstances delayed his objection to the magistrate judge’s report and 8 | recommendation. If the Court finds there to be good cause or a reasonable explanation therein, the 9 | Court will reopen the case and vacate the judgment. 10 11 The Clerk of Court is directed to serve a copy of this Order upon Plaintiff. DATED: August 18, 2021. 14 AS LWARE, II 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-